Ram Babu and 3 Others Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Ram Babu and 3 Others Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of: quashing/stay prayer dismissed as not pressed; direction that if the accused-applicants surrender before the trial court till 20.05.2026 and apply for bail, the bail application shall be decided expeditiously in accordance with law; coercive measures, if any issued, kept in abeyance till 20th May, 2026 or the date of appearance.

Issue for consideration

Whether the cognizance/summoning order dated 29.09.2025, the charge sheet dated 26.08.2025 and the entire proceedings in Session Trial No. 1315 of 2025 should be quashed and stayed (prayer subsequently not pressed). +1 more

Court's answer

The prayer for quashing and staying the further proceedings of Session Trial No. 1315 of 2025 is dismissed as not pressed, since counsel for the applicants expressly did not press it.

Ratio / Principle

If the accused-applicants surrender before the trial court concerned till 20.05.2026 and apply for bail, the bail application shall be considered and decided expeditiously in accordance with law.

Key takeaways

Till 20th May, 2026 or the date the applicants appear, any coercive measures issued against them shall be kept in abeyance.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Samit Gopal, J.) disposed of Application U/S 528 BNSS No. 1756 of 2026 filed by Ram Babu, Vikram, Amit Bhojwal and Shyam Swaroop @ Sharma seeking quashing of the cognizance/summoning order dated 29.09.2025 passed by the Special Judge (POCSO Act), Pilibhit, the charge sheet dated 26.08.2025, and the entire proceedings in Session Trial No. 1315 of 2025 (State Vs. Ram Babu and others) arising out of Case Crime No. 292/2025 under sections 126(2), 74, 78, 352, 351(2) BNS, Section 7/8 POCSO Act and Section 3(1)(da), 3(1)(dha), 3(2)(va) SC/ST Act, Police Station Bisalpur, District Pilibhit. Counsel for the applicants did not press the quashing/stay prayer, which was dismissed as not pressed; instead, the Court directed that if the accused-applicants surrender before the trial court till 20.05.2026 and apply for bail, the same be considered and decided expeditiously in accordance with law, and that till 20th May, 2026 or their appearance, any coercive measures issued against them be kept in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 1756 of 2026

Ram Babu And 3 Others

.....Applicant(s)

Versus

State Of U.P. And 3 Others	.....O
Counsel for Applicant(s)	: Rahul Saxena
Counsel for Opposite Party(s)	: G.A.

.....Opposite Party(s)

Court No. - 75

HON'BLE SAMIT GOPAL, J.

1. List revised.

Sri Rahul Saxena, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State are present and have been heard and records perused.

Notice issued to the opposite party no.2 vide order dated 26.02.2026 has been served personally as per office report dated 06.04.2026. Despite service of notice, no one appears on behalf of the opposite party no.2 even when the matter has been taken up in the revised list.

This application under Section 528 BNSS has been filed by the applicant(s) Ram Babu, Vikram, Amit Bhojwal and Shyam Swaroop @ Sharma , with the prayers to quash cognizance/summoning order dated 29.09.2025 passed by the Special Judge (POCSO Act), Pilibhit and charge sheet dated 26.08.2025 as well as entire proceeding in Session Trial No. 1315 of 2025 (State Vs. Ram Babu and others) arising out of Case Crime No. 292/2025, under sections 126(2), 74, 78, 352, 351(2) BNS and Section 7/8 POCSO Act and Section 3(1)(da), 3(1)(dha), 3(2)(va) SC/ST Act, Police Station Bisalpur, District Pilibhit, pending in the said court and with a further prayer to stay the further proceeding of the aforesaid case, during the pendency of the present application.

Counter affidavit dated 06.04.2026 of the State to which rejoinder affidavit dated 22.04.2026 on behalf of the applicants are on record.

At the very outset, learned counsel for the applicant(s) states that the purpose of the applicant(s) would suffice if an order is passed directing the trial court to decide the bail application of the applicant(s), as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the proceedings of the aforesaid case but he does not press the same.

NA528 No. 1756 of 2026

2

Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant(s).

In view of the above, the prayer for quashing and staying the further proceedings of the aforesaid case is dismissed as not pressed.

However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant(s), it is directed that if the accused-applicant(s) surrenders before the trial court concerned till 20.05.2026 and apply for bail, the same shall be considered and decided expeditiously in accordance with law. Till 20th May, 2026 or the date the applicants appears, if any coercive measures have been issued against them, the same shall be kept in abeyance.

The present application is disposed of.

(Samit Gopal,J.)

May 6, 2026 M. ARIF

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad