BHAGWANDAS AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/13739/2025 · 2025-07-10
Saurabh Srivastava
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46664 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111704 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 13739 of 2025 Applicant :- Bhagwandas And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 18.12.2023, cognizance taking order dated 09.01.2025 as well as the entire proceedings of Special Session Trial No.26 of 2025 (State vs. Bhagwandas and Others) arising out of Case Crime No.363 of 2023, under sections 354, 354B, 341, 323, 504 I.P.C. and sections 7/8 of POCSO Act, 2012, P.S. Sungadi, District- Pilibhit, pending in the court of learned Special Judge, POCSO Act, Pilibhit.
3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.
Order Date :- 11.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad