Allahabad High Court
PINTUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The High Court allowed the application, directing that bail be considered if applied for by 20 May 2026, and otherwise the trial court may proceed.
Summary
The applicant, Pintu, filed an application under Section 528 of the B.N.S.S. Act and Section 482 of the Criminal Procedure Code seeking to quash a non‑bailable warrant issued against him in a 2004 case (State vs. Sunil & Another) involving offences under IPC Sections 498 and 376 and Section 3(1) of the SC/ST Act. He requested that the High Court allow him to appear before the trial court and file a bail application. The State raised no objection to these submissions. The High Court permitted the prayer, directing that if the applicant files a bail application before 20 May 2026, it shall be considered according to law; otherwise the trial court may proceed against him. The application was subsequently disposed of.
Issues considered
- Whether the High Court can quash the criminal proceeding and the non‑bailable warrant under Section 482 CrPC/Section 528 B.N.S.S.
- Whether the applicant is entitled to be permitted to apply for bail pending the disposal of the application
Legislation cited
- B.N.S.S. Act — s. 528
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 376, 498
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)
Subjects
- bail
- non‑bailable warrant
- quash of criminal proceeding
- Section 482 CrPC
- Section 528 B.N.S.S.
- IPC 498
- IPC 376
- SC/ST Act
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18681 of 2026
Pintu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Sharma, Kapil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Anil Kumar Sharma, learned counsel for the applicant and Sri
Ram Prakash Shukla, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. / under Section 528
B.N.S.S. has been filed by the applicant- Pintu with the prayer to allow the
present application and quash the entire criminal proceeding against the
applicant in pursuance of the order dated 05.12.2025, 27.01.2026, 27.02.2026
and 19.03.2026 passed by the A.C.J.M.-II, Kanpur Dehat in Case No. 1302 of
2004 (State Vs. Sunil & Another), under Sections 498, 376 I.P.C. and Section
3(1) (XII) of SC / ST Act, Police Station Rura, District Kanpur Dehat, by which
the N.B.W. has been issued. It is further prayed that proceedings of the
aforesaid case be stayed against the applicant during the pendency of the
present application.
4. Learned counsel for the applicant submits that since N.B.W. has been
issued against the applicant vide orders dated 05.12.2025, 27.01.2026,
27.02.2026 and 19.03.2026 the applicant may be permitted to appear before
the trial court concerned and file a bail application which may be directed to be
decided expeditiously.
5. Learned counsel for the State has no objection of aforesaid arguments of
learned counsel for the applicant.
6. Prayer is allowed.
7. However, in view of the peculiar facts and circumstances of the case and
looking to the limited prayer of learned counsel for the applicant it is directed
that if the accused-applicant appears and applies for bail before the court
NA528 No. 18681 of 2026
2
concerned by 20th May 2026 or earlier, the same shall be considered and
decided in accordance with law.
8. Further if the applicant fails to appear by 20th May 2026 or before before
the court concerned to file a bail application, the trial court shall proceed
against him in accordance with law.
9. The present application is disposed of.
May 6, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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