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2025 DAILYLAW 77788 (ALL)

AKASH SINGH CHAUHAN ALIAS ANIL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26858/2025 · 2025-09-03

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26858 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants, learned A.G.A. appearing for the State and Sri Pramod Kumar Sahani, learned counsel for opposite party no.2. 2. The present application has been filed for seeking quashing of charge- sheet no.A113/2025 dated 16.05.2025 along with cognizance order dated 09.06.2025 passed by learned Additional Session Judge, POCSO-1, Mau and the entire proceeding of S.S.C. No.622 of 2021 (State Vs. Ani and others), arising out of Case Crime No.104 of 2025, under sections 74, 115(2), 117(2), 333 BNS and sections 7/8 POCSO Act, P.S. Haldharpur, District- Mau. 3. On perusal of the narration of FIR as well as impugned order and charge- sheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with charge-sheet and entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, as per instructions, learned counsel for applicants submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided Versus Counsel for Applicant(s) : Surendra Nath Chauhan Counsel for Opposite Party(s) : G.A., Pramod Kumar Sahani Akash Singh Chauhan Alias Anil And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. September 4, 2025 Saif NA528 No. 26858 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad