HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21628 of 2026 Court No. - 46 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Ishwar Chandra Tyagi, the learned counsel for petitioners and the learned A.G.A. for State-respondents 1 and 2. 2. Perused the record. 3. Petitioners-Ahmad Ali And 2 Others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 13.08.2026 lodged by first informant-respondent-3, Khurshid and registered as Case Crime No. 240 of 2026, under Sections 75, 333, 115(2), 352 of B.N.S., Police Station-Mandi Dhanaura, District-Amroha. 4. On the matter being taken up, the learned A.G.A. for State-respondents 1 and 2 submits that during the pendency of present criminal misc. writ petition Section 7/8 of POCSO Act, has also been added. 5. In view of above, it is apparent that prosecutrix is a child within the meaning of term "Child" as defined in Section 2(d) of the POCSO Act. On the above premise, the learned A.G.A. would thus submit that no indulgence be granted by this Court in favour of petitioners in present writ petition. 6. When confronted with above, the learned counsel for petitioners fairly submits that interest of justice shall better be served, in case, a direction is issued by this Court to Court below to decide the bail application of petitioners in the light of law laid down by Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another Versus Counsel for Petitioner(s) : Arpit Singh, Ishwar Chandra Tyagi Counsel for Respondent(s) : G.A. Ahmad Ali And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) (2021) 10 SCC 773. It is thus urged by the learned counsel for petitioners that present writ petition be disposed of in the light of above. 7. Learned A.G.A. for State-respondents 1 and 2 has no objection to the prayer made by the learned counsel for petitioners. 8. In view of above, the prayer prayed for by means of present writ petition is refused. 8. Having heard, the learned counsel for petitioners, the learned A.G.A. for State-respondents 1 and 2 upon perusal of record and considering the rival submissions urged by the learned counsel for parties, this writ petition is disposed of finally with a direction that in case, petitioners appear before Court below within a period of two weeks from today and apply for bail then in that eventuality their bail application shall be decided by Court concerned in the light of the law laid down by Apex Court in the case of Satender Kumar Antil (Supra). 8. Interim order, if any, stands discharged. September 16, 2026 Imtiyaz CRLP No. 21628 of 2026 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad