Allahabad High Court

SHUBHAM @ SHIVAM BHADAURIYA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 22 April 2026
Bench: DEEPAK VERMA

Holding

The court refused to quash the proceedings and instead ordered the applicants to surrender within three weeks, stayed coercive action during that period, and directed that any bail application be decided expeditiously.

Summary

The applicants filed an application under Section 528 of the Bihar Narcotic Substances (BNSS) Act seeking to quash the criminal complaint (Case No. 2 of 2025) and a summoning order, and also asked the court to direct an expeditious decision on their bail applications. During the hearing the applicants abandoned the substantive relief and only requested that they be allowed to surrender before the lower court and that any bail application be decided promptly. The Advocate General raised no objection to this alternative prayer. The High Court refused the request to quash the proceedings, directing the applicants to surrender within three weeks and ordering that any bail application be heard expeditiously 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 applicants during the three‑week period or until they surrender, whichever is earlier. Consequently, the application under Section 528 BNSS was disposed with the above directions.

Issues considered

Whether the High Court can quash the criminal complaint and summoning order under Section 528 BNSS.
Whether the court may direct the accused to surrender and stay coercive action pending surrender.
Whether the court can mandate an expeditious hearing of bail applications pursuant to Supreme Court precedent.

Legislation cited

B.N.S. — s. 115(2), 351(3), 352, 528, 85
D.P. Act — s. 3, 4
Indian Penal Code — s. 323, 498A

Subjects

Section 528 BNSS
quash of criminal proceedings
bail application
expeditious hearing
stay of coercive action
surrender order
high court directions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16672 of 2026

Shubham @ Shivam Bhadauriya And 2 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Sanjay Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 74
HON'BLE DEEPAK VERMA, J.

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

2. This application under Section 528 BNSS has been filed by the
applicants to quash the proceedings of Complaint Case No. 2 of 2025,
(Smt. Niketa @ Sapna Vs. Shubham @ Shivam Bhadauriya & others), as
well as the impugned summoning order dated 11.03.2026, in respect of
applicant No. 1, under sections 85, 115(2), 352, 351(3) B.N.S. and
Section 3/4 D.P. Act, and applicant No. 2 to 7, under sections 498A, 323
I.P.C. & 4 D.P. Act, P.S. Bakewar, District Etawah, pending in the court
of Additional Chief Judicial Magistrate, Court No. 4, Etawah.

3. On the matter being taken up, learned counsel for the applicants have
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 applicants expeditiously.

4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicants.

5. Accordingly the relief as sought by the applicants through this
application is refused.

6. Considering the aforesaid alternative prayer of the applicants, it is
directed that applicants shall surrender before the concerned Court below
NA528 No. 16672 of 2026
2

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
in 2021 SCC OnLine SC 922.

7. For the period of three weeks from today or till the time of surrender of
the applicants before the Court below, whichever is earlier, no coercive
action shall be taken against them.

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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