Allahabad High Court
IRFAN ALI @ IRFAN AND 10 OTHERSversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- BRIJ RAJ SINGH
Holding
The application for quashing is disposed, with a conditional three‑week stay of coercive action and a direction that the applicants surrender and seek bail, which the trial court must decide expeditiously.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Case No. 29084 of 2025) arising from FIR No. 219 of 2024, which involved multiple offences under the Bharatiya Nyaya Sanhita, 2023. The counsel indicated that the applicants did not wish to contest the merits but would surrender and apply for bail, invoking the Supreme Court decision in Satender Kumar Antil v. CBI. The High Court directed that if the applicants surrender within three weeks and file a bail application, the trial court must decide the bail expeditiously, applying the Supreme Court’s law. For the same three‑week period, the Court ordered that no coercive action be taken against the applicants. The application was thereafter disposed of with the conditional stay and direction to surrender.
Issues considered
- Whether the criminal proceedings under the listed sections of the Bharatiya Nyaya Sanhita can be quashed.
- Whether a stay of coercive action can be granted pending the applicants' surrender and bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 10, 115(2), 117(2), 118(1), 125, 191(2), 191(3), 324(4), 333, 351(3), 352
Subjects
- quash of criminal proceedings
- bail
- stay of coercive action
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 528 BNSS No. - 2178 of 2025
Irfan Ali @ Irfan And 10 Others
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And
Another .....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Bajpai
Counsel for Opposite Party(s) : G.A.
Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants, learned AGA and
perused the record.
2. The present application has been filed seeking quashing of the
entire proceedings of Case No.29084 of 2025, arising out of FIR
No.219 of 2024, under Sections 191(2), 191(3), 333, 115(2),
352, 351(3), 125, 10, 324(4), 118(1) and 117(2) of Bharatiya
Nyaya Sanhita, 2023, Police Station Risiya, District Bahraich,
pending in the court of Judicial Magistrate, Court No.2,
Bahraich.
3. At the very outset, learned counsel for the applicants submits
that he does not want to press this application on merits.
However, he submits that applicants will surrender before the
trial court and apply for bail. He prays that the applicant may be
granted the benefit of the case of Satender Kumar Antil Vs.
Central Bureau of Investigation and another, reported in (AIR
2022 SC 3386).
4. It is, therefore, directed that in case the applicants surrender
before the Court below within three weeks from today and prefer
bail application, the trial court will decide the said bail
application, as expeditiously as possible, taking into account the
NA528 No. 2178 of 2025
2
law laid down by the Supreme Court in the case of Satender
Kumar Antil (supra).
5. For a period of three weeks from today, no coercive action
shall be taken against the applicants in the aforesaid case.
6. The application stands disposed of.
(Brij Raj Singh,J.)
January 5, 2026
Rao/-
Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench
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