Mo. Sarwar @ Bauwa v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. and 3 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11141 of 2023 Applicant :- Mo. Sarwar @ Bauwa Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Dinesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Sushil Kumar Pandey,learned A.G.A for the State and perused the record. The instant application has been filed with the prayer to stay the criminal proceedings of Sessions Trial No. 0319 of 2020, arising out of Case Crime No. 0432 of 2019, under sections 363,366 of I.P.C. and Section 7/8 of the POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station-Harchandpur, District-Raebareli and also the non bailable warrant order dated 14-07-2022. 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 :- 9.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench