Vimlesh Kumar Alias Goldi v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 3 Others

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12163 of 2023 Applicant :- Vimlesh Kumar Alias Goldi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And 3 Others Counsel for Applicant :- Rahul Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard Shri Rahul Agnihotri, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. The instant Application under Section 482 Cr.P.C. has been filed on behalf of the applicant, namely, Vimlesh Kumar Alias Goldi with a prayer to quash the impugned summoning order dated 12.10.2023 passed by learned Special Judge, POCSO Act, Lakhimpur Kheri in Case No.1323 of 2023, Crime No.0220 of 2016, under Sections 354, 147, 352, 504, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Paliya, District Lakhimpur Kheri as well as impugned charge sheet no.10/2017 dated

08.02.2017 including entire entire proceedings arising thereof, pending in the Court of learned Additional Sessions Judge, Court No.11, POCSO Act, Lakhimpur Kheri. After some argument, learned counsel for the applicant confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicant, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. as well has no objection to the prayer made by learned counsel for the applicant and submits that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicant, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned counsel for the parties, if the applicant appears and surrenders before the court below and applies for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra). With the aforesaid observations, this application is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 14.12.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench