SALMAN AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 15688 of 2026

Salman And 3 Others
                                                            .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)               :     Sandeep Kumar Srivastava
Counsel for Opposite Party(s)          :     G.A.

Court No. - 82
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.

2. This application has been filed for quashing of the proceedings of
Complaint Case No. 3308 of 2025 under Sections 333, 115(2), 352,
351(2) and 74 of B.N.S., Police Station Naugawan Sadat, District
J.P.Nagar (Amroha) pending before learned Additional Chief Judicial
Magistrate-I, J.P.Nagar (Amroha) as well as to quash the summoning
order dated 27.02.2026 passed in the aforesaid case.

3. On perusal of the record, the Court finds that the allegations made in
the complaint disclose commission of a cognizable offence and those
allegations have found support in the statements recorded under Sections
200 and 202 Cr.P.C. on the basis whereof the summoning order has been
passed against the applicants.

4. This Court in exercise of its power under section 528 of B.N.S.S., is not
required to assess the correctness of the allegation and the reliability of
the evidence, the prayer to quash the summoning order and the
consequential proceeding is rejected.

5. At this stage, the learned counsel for the applicants submits that the
applicants have so far not been arrested in the above case and the police is
seeking to arrest the applicants and there may be coercive processes
issued against the applicants by the court concerned therefore, some
direction may be issued to the court concerned for consideration of the
bail prayer of the applicants.

6. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of
Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of
2021, decided on 07.10.2021) has already laid down guidelines for grant
of bail, without fettering the discretion of the courts concerned and the
                                                                                          NA528 No. 15688 of 2026
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                                    statutory provisions governing consideration in grant of bail, no specific
                                    direction need be issued by this Court as it is expected that the court
                                    concerned will take into consideration the necessary guidelines already
                                    issued by the Apex court.

                                    7. With the aforesaid observations, the application is disposed off.




                                                                                  (Dr. Gautam Chowdhary,J.)
                                    April 20, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad