Allahabad High Court
AJEET SINGH YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 BNSS to quash the proceeding was refused, and the applicant was directed to surrender and have his bail application decided expeditiously.
Summary
The applicant, Ajeet Singh Yadav, filed an application under Section 528 of the Bail and No‑Objection (BNSS) Act seeking to quash the pending criminal complaint (Case No. 920 of 2024) filed against him under IPC sections 498A, 323, 504, 506 and the Domestic Violence Act. The applicant did not press the substantive relief to quash the case but instead requested the court to direct the lower courts to decide his bail application expeditiously. The State, represented by the Additional Advocate General, raised no objection to the applicant’s alternative prayer. The High Court refused the primary relief under Section 528, but ordered the applicant to surrender before the lower court within three weeks and directed that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The Court also directed that no coercive action be taken against the applicant during the three‑week period or until surrender, and disposed of the Section 528 application.
Issues considered
- Whether the application under Section 528 of the BNSS Act to quash the pending criminal proceeding should be entertained.
- Whether the court can direct the applicant to surrender and expedite the consideration of his bail application.
Legislation cited
- Bail and No‑Objection (BNSS) Act — s. 528
- Domestic Violence Protection Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- bail
- Section 528
- quash proceeding
- expeditious bail
- coercive action
- surrender
- criminal procedure
- IPC 498A
- Domestic Violence Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16648 of 2026
Ajeet Singh Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Dubey
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 further proceeding of Complaint Case No. 920 of
2024 (Garima Yadav Vs. Ajeet Kumar & Ors.) U/s 498A, 323, 504, 506
IPC & 3/4 D.P. Act at P.S. Barra, District Kanpur Nagar, pending in the
Court of Upper Civil Judge (S.D.), Court No. 06, Kanpur Nagar.
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 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
NA528 No. 16648 of 2026
2
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.
(Deepak Verma,J.)
April 23, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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