Suresh Pandey @ Kakau vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Suresh Pandey @ Kakau vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Other prayers in the quashing application not pressed; applicants to surrender before the court below on the date fixed and apply for bail; direction that the bail application be considered and disposed of in view of Satender Kumar Antil v. CBI, (2021) 10 SCC 773, after hearing the parties; application finally disposed of.

Issue for consideration

Whether the chargesheet no.1 of 2024 arising out of case crime no.354 of 2024 (sections 74, 352, 351(3) BNS and Sections 7/8 POCSO Act, P.S. Itiyathok, District Gonda) should be quashed, along with the other prayers made in the application.

Court's answer

In case the applicant appears before the court below by the next date fixed and applies for bail, the bail application shall be considered and disposed of in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, after hearing the parties.

Ratio / Principle

With the aforesaid observations (other prayers not pressed and liberty to surrender and seek bail with the Satender Kumar Antil direction), the application under Section 528 BNSS is finally disposed of.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.), January 28, 2026 — Application U/S 528 BNSS No. 57 of 2026 (Suresh Pandey @ Kakau v. State of U.P. and 3 others): sought quashing of chargesheet no.1 of 2024 arising out of case crime no.354 of 2024 under sections 74, 352, 351(3) BNS and Sections 7/8 POCSO Act, P.S. Itiyathok, District Gonda. Counsel for the applicant, on instructions, stated at the bar that the other prayers were not pressed and that the applicants were ready to surrender before the court below on the date fixed and seek bail; learned AGA had no objection. The Court directed that if the applicant appears before the court below by the next date fixed and applies for bail, the bail application be considered and disposed of in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, after hearing the parties. Application finally disposed of. Merits of the quashing prayer were not decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 57 of 2026

Suresh Pandey @ Kakau

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others .....Opposite Party(s)

Counsel for Applicant(s) : Ambrish Kumar Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard the counsel for the applicant and the learned AGA.

The present application has been filed seeking quashing of the chargesheet no.1 of 2024 arising out of case crime no.354 of 2024 under sections 74, 352, 351(3) BNS, Sections 7/8 POCSO Act, P.S. Itiyathok, District Gonda.

After some argument, learned counsel for the applicant has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicants are ready to surrender before the court below on the date fixed in the matter and seek their bail and that their bail application be considered and disposed of 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, (2021) 10 SCC 773 .

Learned AGA states that he has no objection to the aforesaid prayer made by the counsel for the applicant for not pressing the other prayers made in the instant application.

In view of the above, in case the applicant appears before the court below by the next date fixed and apply for bail, the bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of

NA528 No. 57 of 2026

2

Investigation and another, (2021) 10 SCC 773 after hearing the parties.

With the aforesaid observations, this application is finally disposed of .

(Pankaj Bhatia,J.)

January 28, 2026

J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench