Allahabad High Court
BABULAL AND 10 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court held that it may direct surrender, protect the accused from arrest for a limited period, and mandate speedy disposal of bail applications under Section 528 BNSS.
Summary
The High Court of Allahabad heard an application under Section 528 of the BNSS filed by Babulal and ten others seeking to quash the charge‑sheet and the entire criminal proceedings against them. The applicants, not pressing any substantive relief, requested that the court direct them to surrender and ensure an expeditious hearing of their bail applications. The State’s Additional Government Advocate indicated no objection to granting short‑term protection if the applicants chose to surrender. The Court ordered the applicants to surrender within four weeks and directed that they not be arrested during that period, directing the lower court to dispose of any bail application promptly in accordance with the guidelines laid down in Satender Kumar Antil v. CBI. Consequently, the application under Section 528 BNSS was disposed of.
Issues considered
- Whether the High Court can, under Section 528 BNSS, direct the accused to surrender and grant protection from arrest pending surrender
- Whether the Court can order the lower court to dispose of bail applications expeditiously
Legislation cited
- Bihar National Security Act — s. 528
Subjects
- Section 528 BNSS
- quash charge‑sheet
- surrender
- bail
- expeditious disposal
- protective order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 26754 of 2025
Babulal And 10 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Bhaju
Ram Pprasad Sharma, Ram
Pravesh Yadav, Swatantra Kumar
Rai
Counsel for Opposite Party(s)
: G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard learned counsel for the applicants and learned A.G.A. for
the State and perused the record.
2. This application under Section 528 BNSS has been filed by the
applicant to quash charge-sheet dated 12.05.2024 and cognizance
order dated 22.07.2024 as well as entire proceeding of Criminal Case
No. 9526 of 2024 (State Vs. Babulal and others), arising out of Case
Crime No. 0034 of 2024, under Sections 147, 149, 323, 504, 427,
452, 325, 506, 308 IPC, Police Station Mishrauliya, Distirct Siddharth
Nagar, pending in the court of learned Chief Judicial Magistrate,
Siddharth Nagar.
3. Learned counsel for the applicant stated that he is not pressing any
other prayer made in this application on merits and prayed that a
direction at the outset may be issued to the concerned court to
consider and decide the bail application of the applicants
expeditiously.
4. Learned A.G.A. for the State submits that in case the applicants
are not pressing the relief as sought for by them on merits and want
to surrender before the concerned court below, he has no objection in
granting protection to him for a short period.
NA528 No. 26754 of 2025
2
5. In view of above, considering the aforesaid alternative prayer made
by learned counsel for the applicants, it is directed that the applicants
shall surrender before the concerned court within four weeks from
today and in case, they apply for bail, the bail application of the
applicants shall be disposed of expeditiously by the court in
accordance with law, after hearing the informant, keeping in view the
guidelines as laid down by the Apex Court in the case of Satender
Kumar Antil vs. Central Bureau of Investigation and another,
reported in (2021) 10 SCC 773.
6. For the period of four weeks from today or till the time of surrender
of the applicants before the concerned court, whichever is earlier, the
applicants shall not be arrested in the above case.
7. With the above observations and directions, this application under
Section 528 BNSS is disposed of.
April 20, 2026
SFH
(Sanjiv Kumar,J.)
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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