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2025 DAILYLAW 63874 (ALL)

AJAY v. STATE OF U.P. AND 3 OTHERS

NA528/19686/2025 · 2025-07-24

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123139 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19686 of 2025 Applicant :- Ajay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Srivastava,Atul Kumar Srivastava,Dheerendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the charge- sheet no.222 of 2024 dated 26.11.2024, cognizance order dated 25.03.2025 passed by learned Special Judge, POCSO Act, Court No.1, Deoria and the entire proceedings of Session Case No.158 of 2025 (State vs. Ajay) arising out of Case Crime No.265 of 2024, under sections 74, 351(2) BNS and sections 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S. Bariyarpur, District- Deoria. 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