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Neutral Citation No. - 2025:AHC:102557 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 15632 of 2025 Applicant :- Julfkar @ Kalloo Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prem Narayan Singh 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 and perused the record.
2. This application has been filed by the applicant to set aside the impugned cognizance/summoning order dated 03.03.2025 passed by learned Additional District and Session Judge, Special POCSO Act, (Exclusive), Act, Baghpat and charge-sheet no. 10/2025 dated 12.01.2025 as well as entire criminal proceeding of Criminal Session Trial no. 30/2025 (State vs. Julfkar @ Kalloo and others) arising out of Case Crime no. 158/2024 under sections 452, 354, 506 IPC & 7/8 POCSO Act, PS- Chandinagar, District Baghpat, pending before learned Additional District and Session Judge, Special POCSO Act (Exclusive) Act, Baghpat during pendency of instant criminal application.
3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of three weeks from today, no coercive action shall
be taken against the applicant.
7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
8. With the above direction, the instant application stands disposed of.
Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad