Allahabad High Court
SAYED AHMAD AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the proceedings is refused; the Court orders surrender, an expeditious bail hearing, and a temporary stay on coercive action.
Summary
The applicants, Sayed Ahmad and three others, filed an application under Section 528 of the BNSS seeking to quash the summoning order dated 08.01.2025 and the entire proceedings in a complaint case under Section 365 IPC. They later refrained from pressing the substantive relief and instead requested the High Court to direct the lower courts to decide their bail applications expeditiously. The State’s Additional Government Advocate raised no objection to the alternative prayer. The Court refused the application to quash the proceedings, ordered the applicants to surrender before the lower court within three weeks, and directed that any bail application be heard promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. Additionally, the Court stayed any coercive action against the applicants for the three‑week period or until surrender, and disposed of the Section 528 application.
Issues considered
- Whether the High Court can quash the summoning order and the proceedings under Section 528 BNSS.
- Whether the Court may direct the applicants to surrender and order an expeditious hearing of bail applications.
- Whether a temporary stay on coercive action is permissible pending surrender.
Legislation cited
- Bail and No.?? (BNSS) — s. 528
- Indian Penal Code — s. 365
Subjects
- bail
- Section 528 BNSS
- quash proceedings
- coercive action
- surrender
- expeditious bail hearing
- Indian Penal Code
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33442 of 2026
Sayed Ahmad And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Fakhruzzaman, Mohd Ubaid Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by the applicants
to quash the entire proceedings as well as summoning order dated
08.01.2025 passed by Additional Chief Judicial Magistrate, District Kannauj
in Complaint Case No. 1682 of 2019 (Abdul Jabbar @ guddu Vs. Sayed
Ahmad and others) under Section 365 I.P.C., P.S. Kotwali Kannauj, District
Kannauj.
3. On the matter being taken up, learned counsel for the applicants have not
pressed the relief as sought by means of this application on merit and prayed
for issuance of appropriate direction to the concerned Courts below to decide
the bail application of the applicants expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicants.
5. Accordingly the relief as sought by the applicants through this application
is refused.
6. Considering the aforesaid alternative prayer of the applicants, it is directed
that applicants shall surrender before the concerned Court below within three
weeks from today and in case applies for bail, the bail application shall be
decided expeditiously by the courts below in accordance with law laid down
by the Apex Court in the case of Satender Kumar Antil Vs. Central
NA528 No. 33442 of 2026
2
Bureau of Investigation and another, reported in 2021 SCC OnLine SC
922.
7. For the period of three weeks from today or till the time of surrender of
the applicants before the Court below, whichever is earlier, no coercive
action shall be taken against them.
8. With the aforesaid directions, this application under Section 528 BNSS
stands disposed of.
(Deepak Verma,J.)
September 8, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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