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2025 DAILYLAW 8225 (ALL)

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

A482/1614/2025 · 2025-04-29

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68283 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1614 of 2025 Applicant :- Afjal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma 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 and perused the record. 2. This application has been filed by the applicant to quash the charge sheet dated 29.4.2024 and cognizance/summoning order dated 20.8.2024 as well as the entire proceedings of Session Case no. 744 of 2024 (State of U.P. vs. Afjal) arising out of Case Crime no. 169 of 2024, under sections 323, 354-B, 506 IPC and Section 7/8 POCSO Act, PS- Kotwali Padrauna, District Kushinagar pending in court of learned Special Judge, POCSO Act, Kushinagar at Padrauna. 3. After some arguments, 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 under Section 528 BNSS stands disposed of. Order Date :- 30.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad