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Zafrul Hasan @ Thurri and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
23 June 2023
Bench
Dinesh Kumar Singhauthor
Case no.
6061/2023

Judgment

Court No. - 9 Case :- APPLICATION U/S 482 No. - 6061 of 2023 Applicant :- Zafrul Hasan @ Thurri And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arshad Siddiqui,Anand Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the petitioners as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

¶2By way of this petition under Section 482 CrPC, the petitioners have prayed for quashing of the charge-sheet no.A-192 dated 21.10.2017 filed in Crime/FIR No.0352 of 2017, under Sections 354-B and 506 IPC read with Section 7/8 POCSO Act, lodged at Police Station Mohammadpur Khala, District Barabanki, for quashing of the order dated 02.11.2019 by means of which they had been summoned and for quashing of the entire proceedings, arising out of the said FIR, pending in the Court of Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 8, Barabanki.

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

¶4Considering the aforesaid submission, present petition is disposed of with a liberty to the petitioners to surrender before the trial Court within a period of 10 days from today, and apply for regular bail, and if they do so, the trial Court is directed to consider the bail application of the petitioners in accordance with law, also taking into account the order passed by the Supreme Court in the case of Satender Kumar Antil (supra). [D.K. SINGH, J.] Order Date :- 23.6.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench

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.