Allahabad High Court

RAJPAL SINGH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: CHAWAN PRAKASH

Holding

The Court held that the application to quash the charge sheet is not entertained and ordered a stay on coercive steps, allowing the applicants to surrender and have their bail application decided per the Supreme Court precedent.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and related proceedings arising from offences under Sections 147, 341, 323, 324, 504 and 506 of the IPC. During hearing, the applicants’ counsel withdrew all prayers except to surrender before the trial court within two weeks and to have their bail application decided in accordance with the Supreme Court judgment in Satender Kumar Antil v. CBI. The State’s counsel and the Advocate General raised no objection to this limited prayer. The High Court ordered that no coercive action be taken against the applicants for the two‑week period or until they surrender, whichever is earlier, and directed that the bail application be heard applying the Supreme Court precedent. Consequently, the application under Section 482 of the Cr.P.C. was disposed of without granting the original relief to quash the charge sheet.

Issues considered

Whether the High Court should entertain the application under Section 528 BNSS to quash the charge sheet and proceedings.
Whether the applicants may be permitted to surrender and have their bail application considered in light of the Satender Kumar Antil v. CBI precedent.
Whether coercive steps can be stayed pending surrender and bail application.

Legislation cited

B.N.S.S. — s. 528
Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 147, 323, 324, 341, 504, 506

Subjects

bail
quash charge sheet
Section 528 BNSS
Section 482 Cr.P.C.
Supreme Court precedent
coercive steps
surrender

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2477 of 2026

Rajpal Singh And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Sunil Kumar Singh
Counsel for Opposite Party(s) : G.A., Ravi Prakash Singh

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Mr. Sunil Kumar Singh, learned Counsel for the applicants, Mr.
Ravi Prakash Singh, learned Counsel for opposite party no.2 as well as
learned A.G.A. for the State and perused the record.
2. This application under Section 528 BNSS has been filed by the applicants
with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly
be pleased to allow the present application (U/S 528 B.N.S.S.) and quash the
Charge Sheet No.329/2024 dated 27.07.2024 and its cognizance order dated
16.10.2025 as well as entire proceeding of Case No. 3741 of 2025 (State Vs.
Rajpal Singh and others) arising out of Case Crime No. 364 of 2024, Under
Section 147, 341, 323, 324, 504, 506 I.P.C., Police Station- Nagawan Sadat,
District Amroha pending in the Court of A.C.J.M. First, Amroha."
3. After some argument, learned Counsel for the applicants has made a
statement at the Bar, on instructions, that he does not want to press other
prayers made in the application and states that the applicants are ready to
surrender before the court below within two weeks and seek their bail and
that their bail application be considered and disposed of in view of law laid
down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs.
Central Bureau of Investigation and another reported in (2021) 10 SCC
773.
4. Learned Counsel for opposite party no.2 and learned AGA state that they
have no objection to the aforesaid prayer made by the Counsel for the
applicants for not pressing the other prayers made in the instant application.
5. In view of the above, in case the applicants appear before the Court below
within two weeks and apply for bail, their bail application be considered and
disposed of in view of law laid down by Hon'ble Apex Court in the case of
Satender Kumar Antil Vs. Central Bureau of Investigation and another
NA528 No. 2477 of 2026
2

reported in (2021) 10 SCC 773 after hearing the parties.
6. Till the aforesaid period of two weeks or till surrender before Court,
whichever is earlier, no coercive steps shall be taken against the applicants
in the aforesaid case.
7. With the aforesaid observations, this application under Section 482
Cr.P.C. is finally disposed of.
May 5, 2026
Vijay
(Chawan Prakash,J.)

Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad

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