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2026 DAILYLAW 376 (ALL)

RAKESH KUMAR AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9894/2026 · 2026-03-11

Vivek Kumar Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9894 of 2026 Court No. - 81 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for applicants and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 11.01.2026 along with cognizance/summoning order dated 07.02.2026 and entire proceeding of Case No. 400 Of 2026, arising out of Case Crime No. 566 Of 2025, under Sections 296, 74, 115(2), 351(3), 191(2), 333, 352 of B.N.S. and Section 7/8 of POCSO Act, P.S. Bhojpur, District Moradabad, pending in the court of Special Judge, POCSO Act, Court No. 03, Moradabad. 3. On perusal of the narration of FIR as well as impugned order and chargesheet along with injury report, 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 chargesheet and entire proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicants has 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. Versus Counsel for Applicant(s) : Neetu Mishra, Sanskar Gaur, Satanand Mishra, Vikas Shukla Counsel for Opposite Party(s) : G.A., Kuldeep Tripathi, Shiv Shanker Mishra Rakesh Kumar And 8 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 four weeks from today and apply for bail, their bail application shall be considered and decided 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 four weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. March 12, 2026 A.P. Pandey NA528 No. 9894 of 2026 2 (Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad