Dashrath Kumar Sharma v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9054 of 2023 Applicant :- Dashrath Kumar Sharma Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Sri Abhishek Mishra, learned counsel for the applicant, Sri Anirudh Kumar Singh,learned A.G.A.-I for the State and perused the record. The instant application has been filed for quashing the proceedings impugned bearing Session Trial No. 1266 of 2023, pending before the learned Special Judge(POCSO Act), Pratapgarh, arising out of Case Crime No. 120/2022, under sections 354-B,504 of I.P.C. and Section 7 & 8 of the POCSO Act,Police

Station-Mandhata,District-Pratapgarh and the chargeheet no. 329 of 2022, in Case Crime No. 120/2022, under sections 354-B,504 of I.P.C. and Section 7 & 8 of the POCSO Act,Police Station-Mandhata,District-Pratapgarh. After arguing at length, learned counsel appearing for the applicant submits that the interest of justice would be sub-served, if the bail application of the applicant is directed to be considered and decided by the court concerned. He further submits that the applicant shall surrender before the Court concerned and will file the bail application. He further added that this Court may be pleased to direct the Court concerned to decide the bail application of the applicant within a stipulated period of time as may be fixed by this Court., Learned A.G.A. has no objection to the contentions aforesaid. In view of the aforesaid submissions, present application is disposed of with a direction that in case the applicant surrenders before the Court concerned and applies for bail, his bail application shall be considered and decided in accordance with law propounded by the Apex Court, expeditiously as possible. Order Date :- 1.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench