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2025 DAILYLAW 52246 (ALL)

SAHIL v. STATE OF U.P. AND ANOTHER

NA528/16307/2025 · 2025-08-06

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:134025 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16307 of 2025 Applicant :- Sahil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Shiv Sharan Tripathi Hon'ble Vikas Budhwar,J. 1. Heard Sri Vijay Kumar Dwivedi, learned counsel for the applicant as well as learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the summoning order dated 29.03.2025, passed by the court of Special Judge (POCSO Act-2012)/ Additional District and Session Judge Aligarh, in complaint Case No. 94 of 2024 (Smt. Chandtara Vs. Sahil) Under Section 76, 115(2), 351(2) B.N.S. & 7/8 POCSO Act and Police Station-Barla, District- Aligarh. 3. Learned counsel for the applicant submits that the applicant is confined his relief for consideration of bail. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the interference to charge-sheet is declined and the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below, the same shall be considered with most expeditions in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 6. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 7.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad