Rakesh Kumar and 8 Others Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Rakesh Kumar and 8 Others Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of: liberty to applicants to surrender before the court concerned within four weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil (2022 SCC OnLine SC 825); no coercive action against applicants for four weeks.

Issue for consideration

Whether the chargesheet dated 11.01.2026, the cognizance/summoning order dated 07.02.2026 and the entire proceedings of Case No. 400 of 2026 (arising out of Case Crime No. 566 of 2025) ought to be quashed.

Court's answer

On perusal of the FIR narration, impugned order, chargesheet and injury report, this is not a case requiring interference; no ground is available in the application on which the impugned order, chargesheet and entire proceedings could be set aside.

Ratio / Principle

The prayer sought through the instant application (quashing) is refused.

Key takeaways

The application is finally disposed of with a direction that if the applicants surrender before the court concerned within four weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil (2022 SCC OnLine SC 825).ratio¶15
Till four weeks from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.), in an application under Section 528 BNSS seeking quashing of the chargesheet dated 11.01.2026 and cognizance/summoning order dated 07.02.2026 in Case No. 400 of 2026 (arising out of Case Crime No. 566 of 2025, under Sections 296, 74, 115(2), 351(3), 191(2), 333, 352 BNS and Section 7/8 POCSO Act, P.S. Bhojpur, District Moradabad, pending before Special Judge, POCSO Act, Court No. 03, Moradabad): HELD, on perusal of the FIR narration, impugned order, chargesheet and injury report, no ground for interference was made out and the prayer was refused. The application was disposed of with liberty to the applicants to surrender within four weeks and apply for bail, which shall be decided expeditiously in accordance with Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825); no coercive action against the applicants for four weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9894 of 2026

Rakesh Kumar And 8 Others

.....Applicant(s)

		Versus
State of U.P. and Another		.....	Opposite Party(s)
Counsel for Applicant(s)	:	Neetu Mishra, Sanskar Gaur, Mishra, Vikas Shukla	Satanand
Counsel for Opposite Party(s)	:	G.A., Kuldeep Tripathi, Shiv Mishra	Shanker

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicants and learned AGA appearing for the State.

This present application has been filed for seeking quashing of chargesheet dated 11.01.2026 along with cognizance/summoning order dated 07.02.2026 and entire proceeding of Case No. 400 Of 2026, arising out of Case Crime No. 566 Of 2025, under Sections 296, 74, 115(2), 351(3), 191(2), 333, 352 of B.N.S. and Section 7/8 of POCSO Act, P.S. Bhojpur, District Moradabad, pending in the court of Special Judge, POCSO Act, Court No. 03, Moradabad.

On perusal of the narration of FIR as well as impugned order and chargesheet along with injury report, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire proceedings of the said case, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection.

NA528 No. 9894 of 2026

2

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) .

However, it is made clear that till four weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.

(Vivek Kumar Singh,J.)

March 12, 2026 A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad