Rabin Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Rabin Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to appear before the trial court within one month and move a bail application, to be considered and disposed of in terms of the guidelines in Satendra Kumar Antil v. CBI; protection from coercive action for one month.

Issue for consideration

Whether the charge sheet dated 25.09.2024 and the cognizance order dated 7.12.2024 in FIR/Case Crime No. 0279/2024 (sections 74, 351(2), 126(2) BNS 2023 and 7/8 POCSO Act, PS Hapur Dehat) ought to be quashed.

Court's answer

On counsel for the applicant relinquishing the quashing prayer to seek bail before the trial court, the Court directed that if the applicant appears before the court concerned within one month and moves a bail application, it shall be considered and disposed of in terms of the guidelines/observations of the Hon'ble Apex Court in Satendra Kumar Antil (supra).

Ratio / Principle

No coercive action shall be taken against the applicant for a period of one month from the date of the order.

Key takeaways

If no bail application is moved within the prescribed one month, the order shall be of no avail to the applicant.ratio¶13

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS against charge sheet dated 25.09.2024 and cognizance order dated 7.12.2024 in Case Crime No. 0279/2024 (sections 74, 351(2), 126(2) BNS 2023 and 7/8 POCSO Act, 2012, PS Hapur Dehat, District Hapur; Criminal Case No. 1303 of 2024 before the Special Judge, POCSO Act, Hapur): counsel for the applicant relinquished the prayer for quashment and sought to move a bail application before the trial court in terms of Satendra Kumar Antil v. CBI, (2021) 10 SCC 773. Held: if the applicant appears within one month and moves bail, it shall be considered and disposed of per the Apex Court guidelines in Satendra Kumar Antil; no coercive action for one month; failure to move the application within time renders the order of no avail; application disposed of. Merits of the quashing prayer were not adjudicated.

Neutral Citation No. - 2025:AHC:52285

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 11637 of 2025

Applicant :- Rabin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

This application has been filed by the applicant to quash the impugned charge sheet dated 25.09.2024 and impugned cognizance order dated 7.12.2024 in FIR dated 2.9.2024 in Case Crime no. 0279/2024 under sections 74, 351(2), 126(2) of the Bhartiya Nyaya Sanhita (B.N.S.) 2023 & 7/8 of the POCSO Act, 2012, PS- Hapur Dehat, District Hapur in Criminal Case no. 1303 of 2024 (State vs. Rabin) pending before the court of learned Additional District and Sessions Judge/Special Judge, POCSO Act, Hapur.

At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Learned AGA has no objection to the prayer so made.

Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

For a period of one month from today, no coercive action shall be taken against the applicant.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

With the above direction, the instant application under Section 528 BNSS stands disposed of.

Order Date :- 9.4.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad