Allahabad High Court
NAZIR AHMADversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court ordered the applicant to surrender within thirty days and directed the trial court to dispose of the bail application expeditiously, without implying any direction to grant bail.
Summary
The applicant, Nazir Ahmad, filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal proceedings (Case No. 8729 of 2025) arising from offences under Sections 419, 420, 467, 468 and 471 IPC. During hearing, the applicant’s counsel withdrew the merit-based prayer and instead requested permission to surrender before the trial court and to have his bail application heard expeditiously. The State’s Additional Government Advocate raised no objection to this alternative prayer. The High Court directed the applicant to surrender within thirty days and instructed the trial court to dispose of the bail application promptly, citing the Supreme Court guidelines in Satender Kumar Antil v. CBI. The order expressly stated that it does not amount to an implied direction to grant bail and that coercive measures would be stayed for the stipulated period. The application was consequently disposed.
Issues considered
- Whether an application under Section 528 B.N.S.S. can be disposed without addressing the merit of the quash petition and instead entertain an alternative prayer for surrender and bail.
- Whether the High Court can direct the trial court to expedite the bail application and stay coercive measures pending surrender.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- Section 528
- quash petition
- surrender
- expeditious disposal
- coercive measures
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34079 of 2025
Nazir Ahmad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shailendra Yadav, Sudhakar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on
record.
2. Heard Sri Sudhakar Yadav, learned Counsel for the applicant, learned
A.G.A. for the State and perused the material available on record.
3. This application under Section 528 B.N.S.S. has been filed by the
applicant to quash the entire proceedings of Case No.8729 of 2025 (State
vs. Nazir Ahmad) arising out of Case Crime No.484 of 2024, under
Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Tarkulva,
District Deoria as well as charge-sheet dated 02.03.2025 and summoning
order dated 08.07.2025.
4. After arguing the matter up to some length, learned counsel for the
applicant submits that he does not want to press this application on merit
and he confines his prayer only to the extent that applicant may be
permitted to surrender and move bail application before the Trial Court
and suitable directions may be issued that the same may be heard and
decided expeditiously, in accordance with law.
5. Learned A.G.A. has no objection in grant of aforesaid prayer.
6. In view of above, considering the aforesaid alternative prayer made by
learned counsel for the applicant, it is directed that the applicant shall
surrender before the concerned court within one month from today and in
NA528 No. 34079 of 2025
2
case, he applies for bail, the bail application of the applicant shall be
disposed of expeditiously by the Trial 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.
7. It is made clear that this order shall not be treated as an implied
direction of this Court to grant bail to the applicant and the court
concerned shall be at liberty to pass appropriate order in accordance to
law.
8. Till the aforesaid period of thirty days, no coercive measures shall be
taken against the applicant in the aforesaid case.
9. In case, applicant fails to surrender before the Trial Court within the
stipulated period of thirty days, he will not get benefit of this order.
10. The applicant is at liberty to move a discharge application at
appropriate stage of trial and the Trial Court is expected to pass a well
reasoned order, if any such application is moved by him.
11. With above directions this application stands disposed of.
(Sanjiv Kumar,J.)
April 23, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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