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Neutral Citation No. - 2025:AHC:123160 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 18659 of 2025 Applicant :- Vijay Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadhesh Kumar Sharma,Indresh Chandra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Jai Prakash Yadav, learned counsel appearing on behalf of informant/opposite party no.4.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 01.09.2021, cognizance/summoning order dated 21.09.2021 and the entire proceedings of S.S.T. No.146 of 2021 (State vs. Vijay Yadav) arising out of Case Crime No.213 of 2021, under sections 354, 506 I.P.C. and sections 11/12 of Protection of Children from Sexual Offences Act, 2012, P.S. Machhali Shahar, District- Jaunpur, pending in the court of learned Additional Session Judge/Special Judge, POCSO Act II, Jaunpur.
3. At the very outset, learned counsel for the applicant 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 applicant surrenders before it and apply for bail, his 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 applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application 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 applicant herein.
Order Date :- 25.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad