Allahabad High Court
HEMANT GOYAL @ MINTUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the orders is refused, and the court directs the applicant to surrender and the lower courts to decide the bail application expeditiously.
Summary
The applicant, Hemant Goyal, filed an application under Section 528 of the BNSS seeking to quash a revision order dated 19‑06‑2024 and a summoning order dated 18‑07‑2025 in a criminal case involving IPC offences 323, 324, 325, 504 and 506. He did not press the merits of the quash relief and instead requested the court to direct the lower courts to decide his bail application expeditiously. The learned Additional Government Advocate raised no objection to the applicant’s alternative prayer. The High Court refused the relief to quash the orders, but directed the applicant to surrender before the lower court within three weeks and ordered that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the three‑week period. Consequently, the Section 528 application was disposed of.
Issues considered
- What relief, if any, can be granted under Section 528 of the BNSS to quash the revision and summoning orders?
- Whether the court can issue a direction for the lower courts to decide the applicant’s bail application expeditiously.
Legislation cited
- BNSS Act — s. 528
- Indian Penal Code — s. 323, 324, 325, 504, 506
Subjects
- bail
- quash order
- Section 528
- expeditious bail hearing
- coercive action
- surrender
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15324 of 2026
Hemant Goyal @ Mintu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Dwivedi, Sunil Kumar
Dwivedi
Counsel for Opposite Party(s): G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. This application under Section 528 BNSS has been filed by the
applicant to quash the order dated 19.06.2024 passed in revision no.
59 of 2024 (Smt. Kavita vs. Hemant Goyal) and summoning order
dated 18.07.2025 passed in Complaint Case No. 7104 of 2023
(Kavita vs. Hemant Goyal) under Section 323, 324, 325, 504, 506
IPC, passed by ACJM, Court No. 1, Police Station Kotwali Nagar,
District Bulandshahar.
3. On the matter being taken up, learned counsel for the applicant
has not pressed the relief as sought by means of this application on
merit and prayed for issuance of appropriate direction to the
concerned Courts below to decide the bail application of the applicant
expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of
the applicant.
5. Accordingly the relief as sought by the applicant through this
application is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is
directed that applicant shall surrender before the concerned Court
below within three weeks from today and in case applies for bail, the
NA528 No. 15324 of 2026
2
bail application shall be decided expeditiously by the courts below in
accordance with law laid down by the Apex Court in the case of
Satender Kumar Antil Vs. Central Bureau of Investigation and
another, reported in 2021 SCC OnLine SC 922.
7. For the period of three weeks from today or till the time of
surrender of the applicant before the Court below, whichever is
earlier, no coercive action shall be taken against him.
8. With the aforesaid directions, this application under Section 528
BNSS stands disposed of.
September 9, 2026
Priyanka
(Deepak Verma,J.)
Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad
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