Disposed¶11

Suraj v. State of U.P. and 3 Others

Allahabad HC10 Nov 2025NA528/43732/2025

Case brief

AI extract

What is this about?

Suraj v. State of U.P. & 3 Others, Allahabad High Court, Vivek Kumar Singh, J., 10.11.2025 — quashing application u/S 528 BNSS against order dated 09.09.2025 of Special Judge (POCSO)/ASJ Kannauj in ST No.44/2019 (Case Crime 66/2019, Ss. 363/366 IPC, S. 7/8 POCSO, PS Indargarh) disposed of on consent; direction for expeditious bail consideration upon surrender within three weeks after NBW issuance; interim protection from coercive action for three weeks.

What did the court decide?

Application disposed of with direction: applicant to surrender within three weeks and apply for bail pursuant to the NBW, to be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for three weeks. ¶11

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the quashing application under Section 528 BNSS should be finally disposed of with a direction to the trial court for expeditious consideration of bail in case the applicant surrenders pursuant to the Non Bailable Warrant issued against him.

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Court's answer

The application is finally disposed of with a direction that if the applicant surrenders before the court concerned within three weeks and applies for bail in pursuance of the NBW order issued against him, the bail application shall be considered and decided expeditiously in accordance with settled law.

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Ratio / Principle

Till three weeks from the date of the order, no coercive action shall be taken against the applicant in the present case.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Kumar Singh, J.) finally disposed of an application under Section 528 BNSS (Application U/S 528 BNSS No. - 43732 of 2025) filed by Suraj seeking quashing of the order dated 09.09.2025 passed by the Special Judge (POCSO Act)/ Additional Sessions Judge, Kannauj in Special Session Trial No.44 of 2019, arising out of Case Crime No.66 of 2019 under Sections 363, 366 IPC and Section 7/8 of the POCSO Act, Police Station Indargarh, District Kannauj. Counsel informed the Court that a Non Bailable Warrant had been issued against the applicant by the trial court during pendency, though the NBW order was not filed on record. With no objection from the AGA, the Court directed that in case the applicant surrenders within three weeks and applies for bail in pursuance of the NBW order, the bail application shall be considered and decided expeditiously in accordance with settled law; it was further clarified that till three weeks from the date of the order no coercive action shall be taken against the applicant.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 43732 of 2025

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Suraj

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.....Applicant(s)

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Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Yashwant Singh
Counsel for Opposite Party(s) : G.A.

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Court No. - 78

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HON'BLE VIVEK KUMAR SINGH, J.

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Heard learned counsel for applicant and learned AGA.

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The present application has been preferred for seeking quashing of the impugned order dated 09.09.2025 passed by the Special Judge (POCSO Act)/ Additional Sessions Judge Kannauj in Special Session Trial No.44 of 2019, arising out of Case Crime No.66 of 2019, under Sections 363, 366 I.P.C., Section 7/8 of the POCSO Act, Police Station Indargarh, District Kannauj.

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After arguing at some length, it was informed by the learned counsel for applicant that Non Bailable Warrant has been issued against the applicant by the trial court during pendency of present application, though no such order has been filed by him. He prays that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and applies for bail in pursuance of NBW order issued against the applicant, the same may be considered and decided expeditiously in accordance with law to which learned AGA has no objection.

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In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail in pursuance of NBW order issued against the applicant, the same shall be considered and decided expeditiously in accordance with settled law.

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NA528 No. 43732 of 2025

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