Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107438 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23541 of 2025 Applicant :- Anshu Dwivedi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Birendra Singh,Swati Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Ms. Swati Singh, learned counsel for the applicant, Ms. Pooja, learned counsel appearing on behalf of High Court Legal Service Committee and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 02.02.2025 as well as cognizance/summoning order dated 05.02.2025 and the entire proceedings of Session Case No.213 of 2025 (State vs. Anshu Dwivedi) arising out of Case Crime No.24 of 2025, under sections 74, 352, 351, 351(3), 333 BNS and sections 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S. Girwa, District- Banda, pending in the court of learned Special Judge (POCSO Act), Banda.
3. At the very outset, learned counsel for the applicant submitted that she is not pressing the application on merits and confined her 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 :- 8.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad