Allahabad High Court
RAM BABU AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The prayer to quash the cognizance and stay the proceedings was dismissed, but the court ordered that bail applications be considered expeditiously if the accused surrender by 20 May 2026.
Summary
The applicants Ram Babu and three others filed an application under Section 528 of the BNSS Act seeking to quash the cognizance and charge sheet issued by the Special Judge under the POCSO Act and related provisions of the SC/ST Act, and to stay the ongoing trial. The State filed a counter‑affidavit, and the applicants’ counsel later indicated that their primary relief was an expeditious decision on their bail applications rather than a full quash. The State did not oppose this limited request. The Court dismissed the prayer for quashing and staying the proceedings as it was not pressed, but directed that if the accused surrender before 20 May 2026 and apply for bail, the trial court must consider the bail application promptly and keep any coercive measures in abeyance. The application was consequently disposed of.
Issues considered
- Whether the application under Section 528 BNSS to quash the cognizance and stay the trial proceedings is maintainable.
- Whether the court should entertain a limited prayer for an expeditious bail hearing in lieu of a full quash.
Legislation cited
- BNSS Act — s. 528
- Protection of Children from Sexual Offences (POCSO) Act — s. 7, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(da), 3(1)(dha), 3(2)(va)
Subjects
- quash of cognizance
- stay of proceedings
- bail application
- Section 528 BNSS
- POCSO Act
- SC/ST Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 1756 of 2026
Ram Babu And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Saxena
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Sri Rahul Saxena, learned counsel for the applicants and Sri V.D. Ojha,
learned counsel for the State are present and have been heard and records
perused.
3. Notice issued to the opposite party no.2 vide order dated 26.02.2026
has been served personally as per office report dated 06.04.2026. Despite
service of notice, no one appears on behalf of the opposite party no.2 even
when the matter has been taken up in the revised list.
4. This application under Section 528 BNSS has been filed by the
applicant(s) Ram Babu, Vikram, Amit Bhojwal and Shyam Swaroop
@ Sharma, with the prayers to quash cognizance/summoning order dated
29.09.2025 passed by the Special Judge (POCSO Act), Pilibhit
and charge sheet dated 26.08.2025 as well as entire proceeding in Session
Trial No. 1315 of 2025 (State Vs. Ram Babu and others) arising out of
Case Crime No. 292/2025, under sections 126(2), 74, 78, 352, 351(2)
BNS and Section 7/8 POCSO Act and Section 3(1)(da), 3(1)(dha),
3(2)(va) SC/ST Act, Police Station Bisalpur, District Pilibhit, pending in
the said court and with a further prayer to stay the further proceeding of
the aforesaid case, during the pendency of the present application.
5. Counter affidavit dated 06.04.2026 of the State to which rejoinder
affidavit dated 22.04.2026 on behalf of the applicants are on record.
6. At the very outset, learned counsel for the applicant(s) states that the
purpose of the applicant(s) would suffice if an order is passed directing
the trial court to decide the bail application of the applicant(s), as
expeditiously as possible. He further states that although the prayer has
been made for quashing and staying the proceedings of the aforesaid case
but he does not press the same.
NA528 No. 1756 of 2026
2
7. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicant(s).
8. In view of the above, the prayer for quashing and staying the further
proceedings of the aforesaid case is dismissed as not pressed.
9. However, in view of the peculiar facts and circumstances of the case
and looking to the limited prayer of learned counsel for the applicant(s), it
is directed that if the accused-applicant(s) surrenders before the trial court
concerned till 20.05.2026 and apply for bail, the same shall be considered
and decided expeditiously in accordance with law. Till 20th May, 2026 or
the date the applicants appears, if any coercive measures have been issued
against them, the same shall be kept in abeyance.
10. The present application is disposed of.
(Samit Gopal,J.)
May 6, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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