Ashok Kumar Sharma v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 33440 of 2023 Applicant :- Ashok Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Jaiswal Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Rakesh Kumar Srivastava, learned counsel for the opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 25.10.2022 and cognizance order dated 13.01.2023 as well as entire proceedings of Criminal Case No. 115 of 2023 (State Vs. Ashok Kumar Sharma), arising out of Case Crime No. 426 of 2022, under Sections 354-A IPC and Section 11(i)/12 of POCSO Act, Police Station Transport Nagar, District Meerut, pending in the court of Special Exclusive Judge (POCSO Act)/ Additional District Judge, Meerut.

¶3After some arguments, 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 instant application and states that the applicant is ready to appear before the court below and seek his bail and that his release be considered 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 reported in (2022) 10 SCC 51.

¶4Per contra, learned AGA as wel as learned counsel for the opposite party no.2 states that they have no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

¶5In view of the above, in case the applicant appears before the court below within three weeks from today and seeks bail, his release be considered 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 reported in (2022) 10 SCC 51.

¶6With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 30.10.2023 Nadim High Court of Judicature at Allahabad