Hemant Kumar v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38477 of 2023 Applicant :- Hemant Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulab Anand,Anand Kumar,Shashank Bharti Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated

17.2.2023 passed by P.O.C.S.O. Court, Bijnor, in Criminal Complaint No. 29 of 2022, under Sections 354 IPC and Section 7/8 of P.O.C.S.O. Act, Police Station Noorpur, District Bijnor.

¶3After some arguments, learned counsel for the applicant has made a statement at the Bar, on instructions, that he does not want to press the 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 states that he has 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 seek 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 :- 1.12.2023 A.P. Pandey High Court of Judicature at Allahabad