Allahabad High Court
RAJESH KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court ordered the applicants to surrender within a month, barred their arrest during that period, and directed expeditious disposal of any bail application.
Summary
The applicants, Rajesh Kumar and another, filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet and summons in a criminal case and to obtain bail. The State opposed the quash but offered protection if the applicants surrendered. The Court, noting the alternative prayer, directed the applicants to surrender before the trial court within one month and ordered that any bail application be decided expeditiously, citing the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. It also directed that the applicants not be arrested during the one‑month period or until surrender, whichever is earlier. The application under Section 528 BNSS was consequently disposed of.
Issues considered
- Whether the court should grant protection from arrest and direct surrender of the accused under Section 528 BNSS
- Whether the charge‑sheet and summons can be quashed at this stage
Legislation cited
- Bail and No‑Objection (BNSS) Act — s. 528
- Indian Penal Code — s. 323, 325, 504
Subjects
- bail
- Section 528 BNSS
- quash of charge‑sheet
- protection from arrest
- surrender
- expeditious bail disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32136 of 2025
Rajesh Kumar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sakshi Patel, Shiv Naresh
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 25.03.2023 and summoning order dated
22.04.2024 as well as entire proceeding of Case No. 460 of 2024 (State Vs.
Rajesh Kumar and another), arising out of Case Crime No. 75 of 2023, under
Sections 323, 325, 504 IPC, Police Station Kerakat, District Jaunpur,
pending in the court of learned Judicial Magistrate-III, Jaunpur.
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 them for a short period.
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 one month 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
NA528 No. 32136 of 2025
2
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 one month 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.
(Sanjiv Kumar,J.)
April 29, 2026
Subham
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
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