High Court granted liberty to applicants to file for bail and discharge before the trial court in a POCSO case, directing the court below to decide such applications expeditiously.
Liberty granted to file bail and discharge applications; direction to trial court to decide them expeditiously.
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Neutral Citation No. - 2024:AHC-LKO:59760
Court No. - 13 Case :- APPLICATION U/S 482 No. - 7602 of 2024 Applicant :- Shubham Mishra And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Hemant Tripathi,Gaurav Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
The present application has been filed by the applicants to set aside/quash the charge sheet No. 01/2021 dated 30.08.2021 filed in FIR No. 0203/2021, under Sections 323, 354(A) IPC and Section 7 & 8 of POCSO Act, 2012 as well as summoning order dated 08.08.2022 passed in Sessions Trial No. 795/2022 pending in the court of Special Judge (POCSO Act), Pratapgarh and entire criminal proceedings arising in pursuance thereof.
After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
Learned AGA has no objection to the prayer made by learned counsel for the applicants.
Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.
With the aforesaid observations, the present application is disposed of.
Order Date :- 31.8.2024/Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
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Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶6
Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 · Who else cites this
Shubham Mishra and Others
State Of U.P.
Hon'ble Saurabh Lavania,J.
As recorded by the court registry
2 orders share this CNR
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