Allahabad High Court
BRAJESH KUMAR AND OTHERSversusSTATE OF U.P. THRU. HOME SECREATARY ( MINISTRY OF HOME ) AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application under Section 528 BNSS is disposed of, subject to the applicants filing personal bonds within four weeks and cooperating in the trial.
Summary
The applicants, who are on bail and facing trial in Criminal Case No.51 of 2001 (involving offences under Sections 498‑A, 323, 494, 506 IPC and the Dowry Prohibition Act), filed an application under Section 528 of the BNSS seeking to quash the proceedings. The court noted that non‑appearance had led to the issuance of a non‑bailable warrant and initiation of proceedings under Sections 82 and 83 of the Cr.P.C. The applicants assured cooperation and offered to file fresh personal bonds within four weeks. The court conditioned the disposal of the application on the filing of such bonds, stating that if the applicants fail to do so, the trial court may proceed against them. Consequently, the application under Section 528 BNSS was disposed of with the stipulated condition.
Issues considered
- Whether the application under Section 528 BNSS seeking to quash the criminal proceedings should be entertained.
- Whether the court can condition the disposal of the application on the filing of personal bonds by the applicants.
Legislation cited
- B.N.S.S. — s. 528
- Code of Criminal Procedure, 1973 — s. 82, 83
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 494, 498-A, 506
Subjects
- bail
- Section 528
- BNSS
- non‑bailable warrant
- personal bond
- coercive measures
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18361 of 2026
Brajesh Kumar And Others
.....Applicant(s)
Versus
State Of U.P. Thru. Home Secreatary ( Ministry Of
Home ) And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Mishra, Sanjay Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Rahul Mishra, learned counsel for the applicants, learned
AGA for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to quash the entire proceeding of Criminal Case No.51 of 2001
(State v. Suresh Chandra Chaudhary and others) arising out of Case
Crime No. 160 of 2001 under Section 498-A, 323, 494, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, Police Station-Mahuli, District-Sant
Kabir Nagar, pending before Court of learned Civil Judge (Junior
Division) F.T.C.II Sant Kabir Nagar as well as impugned Charge Sheet
dated 10.10.2001 and cognizance order 15.07.2002 as well as N.B.W.
order dated 15.10.2007 and order 30.03.2026 passed by the learned Civil
Judge (Junior Division) (J.M) F.T.C.II Sant Kabir Nagar.
3. It has been submitted by learned counsel for the applicants that the
applicants are on bail and facing trial. Due to non-appearance in the court
proceedings, non-bailable warrant as well as proceedings under Section
82 Cr.P.C., and 83 Cr.P.C., have been initiated against the applicants. The
applicants are ready to cooperate in the court proceedings.
4. Learned counsel for the applicant undertakes that the applicants shall
cooperate in the trial proceedings.
5. In case the applicants file their fresh personal bonds before the Court
NA528 No. 18361 of 2026
2
concerned within a period of four weeks from the date of the order and
cooperate in the court proceedings, no coercive measures shall be taken
against the applicants.
6. It is made clear that in case, the applicants do not file their personal
bonds within a period of four weeks or do not cooperate in the court
proceeding, Trial Court is free to proceed against the applicants.
7. With the above observations, this application under Section 528
B.N.S.S. is disposed of.
(Nand Prabha Shukla,J.)
May 5, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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