Vishwanath Pandey And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 12353 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 5976 of 2022
 

 
Applicant :- Vishwanath Pandey And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Chhote Lal Yadav,Bal Keshwar Srivastava,Shalini Saxena,Som Dutt Bajpai,Vimal Kishore Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the charge-sheet no.01 of 2021 filed in Crime/FIR No.037 of 2021, under Sections 354, 363, 504 and 506 IPC read with Section 17/18 POCSO Act, 2012 lodged at Police Station Kotwali Dehat, District Balrampur, for quashing of the orders dated 29.06.2021 and 04.10.2021, by means of which cognizance was taken and the applicants have been summoned to face trial, and for quashing of the proceedings of Case No.1 of 2021, pending in the Court of Additional Sessions Judge/Spl. Judge (Rape & POCSO Act) 11nd, Balrampur.

3. Learned counsel for the applicant(s) submits that the applicant(s) want(s) to surrender and apply for regular bail. Only prayer is that while considering the bail application of the applicant(s), trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

4. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 07 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

Order Date :- 7.9.2022

MVS/-