ANCHAL RASTOGIversusSTATE OF U.P. AND 2 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 30121 of 2026

Anchal Rastogi
                                                                    .....Applicant(s)
                                        Versus

State Of U.P. And 2 Others
                                                                        .....Opposite
                                                                              Party(s)

Counsel for Applicant(s)                      :   Krishna Mohan Tripathi
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 83
                     HON'BLE CHAWAN PRAKASH, J.

1. List revised.

2. None present on behalf of opposite party no.2 despite service of notice nor
any counter affidavit is on record.

3. Sri Krishna Mohan Tripathi, learned counsel for applicants and learned
AGA for the State are present.

4. The present application under Section 528 of the B.N.S.S. has been filed
by the applicants with a prayer to quash the entire criminal proceeding of
Case No. 1336 of 2018 (State Vs. Sachin Rastogi and another) arising out of
Case Crime No. 909 of 2017, under Sections 498-A, 323, 504 of I.P.C. and
3/4 D.P. Act, Police Station Civil Line, District Rampur in terms of final
settlement arrived before Mediation & Conciliation Centre of this Court
dated 26.7.2025.

5. The applicant has not filed the certified copy of the trial court order sheet
to show about the present status of the case.

6. As per the record the opposite party Nos. 2 and 3 had earlier filed an
application under Section 482 Cr.P.C. No.22059 of 2018 which was
disposed of by co-ordinate Bench of this Court, vide order dated 28.6.2018,
which is extracted below:

"Sri K.M. Tripathi has put in appearance on behalf of the opposite party no. 2.
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Heard learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed for quashing the entire
proceedings of the Criminal Case No. 1336 of 2018 (State vs. Sachin Rastogi and
others) arising out of Case Crime No. 0909 of 2017 under Section 498A, 323, 504 IPC
and 3/4 D.P. Act, P.S. Civil Lines, District Rampur.

After advancing argument at length, learned counsel for the applicants would submit
that applicants would be satisfied in case a direction is issued to the court below to
consider the bail application of the applicants in terms of the decisions rendered in
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal
Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).

Learned A.G.A. would submit that the directions issued by this Court and the Hon'ble
Supreme Court is binding upon the court below. A Division Bench of this Court in
Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, has already
issued direction to all the Sessions Judges of the State of Uttar pradesh, which is
being followed. It is, therefore, urged that no fresh direction is required to be given.

This fact is not being disputed by the learned counsel for the applicants.

In regard thereto, application is disposed of as withdrawn with liberty to the
applicants to file an appropriate application for bail before the court below within
four weeks from date in terms of the decisions rendered in Amrawati (supra) as well
as Lal Kamlendra Pratap Singh (supra).

In the event, such an application is filed, it is expected that the court below shall
decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap
Singh (supra) and Brahm Singh (supra), strictly in accordance with law.

It is clarified that the Court has not considered the contention of the learned counsel
for the applicants on merit."

7. The Trial Court is directed to submit a report regarding the present status
of the aforesaid case, specifically indicating:

i. Whether opposite party No. 2 Sachin Rastogi and opposite party No. 3
Renu Rastogi have appeared before the Trial Court and filed any bail
application.
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                                    ii. In case opposite party Nos. 2 and 3 have failed to appear before the Trial
                                    Court, what steps have been taken by the Trial Court to secure their
                                    presence.

                                    8. Put up as fresh on 22.10.2026.

                                    9. Let a copy of this order be sent to concerned trial court for communication
                                    and necessary compliance/action by the Registrar (Compliance) within 48
                                    hours.



                                                                                           (Chawan Prakash,J.)
                                    October 1, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad