Allahabad High Court
Chhathu Alias Anurag Sharma vs State Of U.P. And Another on 8 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 18601 of 2022 Applicant :- Chhathu Alias Anurag Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application under Section 482 Cr.P.C has been filed for quashing of the charge sheet dated 21.09.2021 as well as entire proceedings of Sessions Case No. 739 of 2021 arising out of Case Crime No. 529 of 2021, under sections 363, 506, 354-D IPC and section 7/8 of POCSO Act, police station Khalibad, district Sant Kabir Nagar.
Learned counsel for the applicant submits that applicant has been falsely implicated in the aforesaid case. He submits that story narrated in the FIR is concocted, further criminal proceedings amounting to harassment the applicant and nothing else.
On the other hand, learned AGA has opposed the contention aforesaid and submits that applicant was involved in committing the aforesaid offence.
At this stage, learned counsel for the applicant submits that he does not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The application is disposed of accordingly.
Order Date :- 8.7.2022 Sazia