Rohit v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 29431 of 2023 Applicant :- Rohit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Yadav Counsel for Opposite Party :- G.A.,Sudhakar Shukla Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant; Sri Sudhakar Shukla, learned counsel for the opposite party No. 2; learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 17.07.2023 passed by the learned Additional District and Sessions Judge, Court No.13 / Special Judge (POCSO Act), Kanpur Dehat, issued under Sections 354-Kha, 354, 323, 504, 325, 506 IPC and Section 7/8 of POCSO Act in Session Case No.286 of 2023, (Smt. Anita Devi versus Rohit Kumar) by which the learned Judge has summoned the applicant.

¶3After 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 applicant is ready to surrender before the court below and seek his bail and that his 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 reported in (2022) 10 SCC 51.

¶4Learned 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.

¶5In view of the above, in case the applicant appears before the court below within three weeks from today and apply for bail, his 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 reported in (2021) 10 SCC 773 after hearing the parties.

¶6With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 20.11.2023 I.A.Siddiqui High Court of Judicature at Allahabad