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2025 DAILYLAW 91109 (ALL)

ARIF ALI v. State of U.P. AND 3 OTHERS

A482/29260/2024 · 2025-03-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37983 Court No. - 74 Case :- APPLICATION U/S 482 No. - 29260 of 2024 Applicant :- Arif Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Nabi Ullah 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 482 Cr.P.C. has been preferred to quash the charge-sheet no.720 of 2023 dated 02.11.2023, cognizance order dated 17.02.2024 and the entire proceedings of Session Case No.239 of 2024 (State vs. Arif Ali) arising out of Case Crime No.797 of 2023, under sections 354, 506 I.P.C. and sections 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S. Majhola, District- Moradabad, pending in the court of learned Special Judge (POCSO Act), Court No.1, Moradabad as well as to stay the further proceedings of abovementioned case. 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 the respondents have no objection. 4. In view of the aforesaid, the instant application under section 482 Cr.P.C. 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 one month from today and apply for bail, his bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicant herein. Order Date :- 18.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad