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Asraf @ Shahil and 2 Others v. State of U.P. and 3 Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
12 December 2023
Case no.
A482 41699/2023

Judgment

Court No. - 86 Case :- APPLICATION U/S 482 No. - 41699 of 2023 Applicant :- Asraf @ Shahil And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- V.P. Singh Kashyap,Mohd. Asad Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

2.This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet No. 100 of 2023 dated 6.6.2023 and cognizance order dated

16.8.2023 as well as entire proceedings of Session Trial No. 238 of 2023 (State Vs. Ashraf @ Sahil and others) arising out of case crime No. 0170 of 2023, under Sections 354A, 323, 504, 506 IPC and Section 7/8 of POCSO Act, Police Station-Phoolpur, District-Prayagraj, pending in the court of Special Judge, POCSO Act, Allahabad.

3.After some arguments, learned counsel for the applicants 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 applicants are ready to appear before the court below and seek their bail and that their 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.

4.Per 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.

5.In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their 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.

6.With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. Order Date :- 13.12.2023 KU High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.