Pradeep Kumar Yadav @ Kallu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Pradeep Kumar Yadav @ Kallu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to file a bail application before the trial court (to be considered and decided expeditiously in accordance with law) and liberty to move a discharge application before the court below (to be decided expeditiously in accordance with law); the quashing prayer was not granted, the application being disposed of.

Issue for consideration

Whether the Charge Sheet No 01 of 2024 dated 28-10-2024, the Cognizance & Summoning order dated 02-12-2024 and the criminal proceedings in Spl. S.T. No 1453 of 2024 (Case Crime No 363/2024) should be quashed and set aside. +1 more

Court's answer

The quashing prayer (Issue 1) was not decided on merits; the application was disposed of with liberty as prayed for instead.

Ratio / Principle

The present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty is granted to the applicant to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.ratio¶13

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT, LUCKNOW BENCH (Saurabh Lavania, J.) — Application U/S 528 BNSS No. 26 of 2025, decided 20.1.2025 — Pradeep Kumar Yadav @ Kallu v. State of U.P. & 3 others. Application under Section 528 BNSS seeking quashing of Charge Sheet No 01 of 2024 dated 28-10-2024, Cognizance & Summoning order dated 02-12-2024 and criminal proceedings in Spl. S.T. No 1453 of 2024 (Case Crime No 363/2024, under Sections 74, 115(2), 351(2) B.N.S. and Sections 7/8 POCSO Act, P.S. Lambhua, District Sultanpur), and benefit of Satender Kumar Antil. Held: application disposed of with liberty to file a bail application before the trial court and to move a discharge application before the court below, both to be decided expeditiously in accordance with law, the bail prayer to be considered in view of the law laid down in Satender Kumar Antil v. CBI, (2022) 10 SCC 51; learned AGA had no objection.

Neutral Citation No. - 2025:AHC-LKO:3349

Court No. - 12

Case :- APPLICATION U/S 528 BNSS No. - 26 of 2025

Applicant :- Pradeep Kumar Yadav @ Kallu Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And 3 Others Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned AGA for the State U.P. and Sri Mahmood Alam, Advocate alongwith Sri Syed Saad Anwar & Sri Mayank Dwivedi, Advocates, who has filed Vakalatnama on behalf of the opposite party No. 2 in the Court today, which is taken on record, as well as perused the record.

The present application has been filed by the applicant for the following main relief(s):-

"i) this Hon'ble Court may graciously be pleased to quash and set aside the impugned Charge Sheet No 01 of 2024, dated 28-10-2024, along with Cognizance & Summoning order dated 02-12-2024 and Crl. Proceeding in Spl. S.T. No 1453 of 2024, Vide Case Crime No 363/2024, Under Section 74, 115(2), 351(2) B.N.S. & Section 7/8 POCSO Act, Police Station- Lambhua, District- Sultanpur, against the Petitioner, Pending in the Court of Special Judge, POCSO Act, Court No 12, Sultanpur, State of U.P. vs. Pradeep Yadav @ Kallu, contained as Annexure No.1 & 2 to this petition, in the interest of justice.

ii) this Hon'ble Court may graciously be pleased to grant the benefit to the petitioner in the light of Satender Kumar Antil V CВІ, AIR 2022 SCC OnLine SC 825."

After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 applicant.

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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicant 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 :- 20.1.2025 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench