Juggi Lal and Others Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Juggi Lal and Others Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to apply for bail before the concerned court, with the court below directed to consider and decide the bail prayer expeditiously in accordance with law; and an expectation that the Police Officer concerned will not take coercive action against the applicants for 30 days from the date of the order or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the summoning order dated 06-01-2023 passed by the Additional Sessions Judge/Special Judge (POCSO Act), Bahraich in Complaint Case No. 152 of 2021, and the proceedings of that complaint case, so far as they relate to the applicants, should be quashed and/or stayed. +1 more

Ratio / Principle

The application is disposed of with liberty to the applicants to apply for bail before the concerned court, and the court below is directed that if the applicants apply for bail, their prayer shall be considered and decided expeditiously in accordance with law.

Key takeaways

It is observed that the Police Officer concerned is expected not to take any coercive action against the applicants in the aforesaid case for a period of 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; Neutral Citation 2025:AHC-LKO:47526; Order dated 14.8.2025). Application U/S 482 No. 789 of 2023 by Juggi Lal and Others against State of U.P. and Others, seeking quashing and stay of the summoning order dated 06-01-2023 passed by the Additional Sessions Judge/Special Judge (POCSO Act), Bahraich in Complaint Case No. 152 of 2021 (Smt. Laxmi Devi & Juggi Lal & others), instituted under Sections 354(A), 452, 323 read with Sections 34, 504, 506 IPC and 9(g)/10 POCSO Act, P.S. Motipur, District Bahraich. At hearing, counsel confined the prayer to liberty to file bail applications, invoking Satender Kumar Antil vs. CBI, (2022) 10 SCC 51, and Musheer Alam vs. State of U.P., 2025 SCC OnLine SC 116; the AGA raised no objection. The Court disposed of the application with liberty as prayed for and directed the court below to consider and decide any bail application expeditiously in accordance with law, and further observed that the Police Officer concerned is expected not to take coercive action against the applicants for 30 days from the date of the order or till they apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:47526

Court No. - 11 Case :- APPLICATION U/S 482 No. - 789 of 2023 Applicant :- Juggi Lal And Others Opposite Party :- State Of U.P. Thru. Addit. Secy. Deptt. Home Civil Secrt. Lko. And Others Counsel for Applicant :- Ashok Kumar Mishra,Renu Pal Counsel for Opposite Party :- G.A.,Anil Pandey

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 for the following main reliefs:-

"For the facts reasons and circumstances stated in the accompanying petition supported by an affidavit it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 6-1-2023 passed by the Learned Addl. Session Judge/ Special Judge POCSO Act Bahraich on complaint case no. 152 of 2021 (Smt. Laxmi Devi & Juggi Lal & others) U/S 354(A), 452,323 read with section 34,504,506 IPC & 9 (g)/10 POCSO Act P.S. Motipur, District- Bahraich so far as it relate to the petitioners pending in court of Learned Addl. Session Judge/Special Judge POCSO Act Bahraich may also be quashed. It is further prayed that the operation and implementation of the impugned summoning order dated 06-01-2023 passed by passed by Learned Addl. Session Judge/ Special Judge POCSO Act Bahraich and further the proceedings of complaint case No. 152/2021 [Smt. Laxmi Devi & Juggi Lal & others] so far as it relate to the petitioners U/S 354(A), 452,323 read with section, 34,504,506 IPC & 9 (g) /10 POCSO Act P.S. Motipur, District- Bahraich initiated against the petitioner on the basis of the complaint case no. 152/2021 pending before the Learned Addl. Session Judge/ Special Judge POCSO Act Bahraich may also be stayed during pendency of this petition."

After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 .

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.

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

With the aforesaid observations, the present application is disposed of.

Order Date :- 14.8.2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench