Allahabad High Court
DILEEP KUMAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court declined to quash the charge sheet and instead ordered that the accused surrender within three weeks, after which their bail application will be heard, and no coercive steps shall be taken in the meantime.
Summary
The applicants, Dileep Kumar and three others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet dated 22‑12‑2025, the cognizance order dated 15‑04‑2026, and the entire proceedings in a criminal case pending before the Additional Chief Judicial Magistrate, Varanasi. During hearing, the applicants’ counsel withdrew the challenge to the charge sheet and instead requested protection to surrender before the trial court and to have any bail application considered promptly. The State’s counsel raised no objection to this limited prayer. The High Court directed that the applicants must surrender within three weeks and, upon doing so, their bail application will be decided in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021 10 SCC 773), and that no coercive measures be taken against them during this period. The application was thereafter disposed without granting the original relief to quash the charge sheet.
Issues considered
- Whether the charge sheet and cognizance order can be quashed under Section 528 of the B.N.S.S.
- Whether the court can issue a direction protecting the accused to surrender and stay coercive steps pending surrender
- Whether the bail application of the accused must be considered in accordance with the Supreme Court precedent
Legislation cited
Subjects
- bail
- quash charge sheet
- Section 528
- coercive steps
- surrender
- high court
- criminal procedure
- B.N.S.S.
- D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34458 of 2026
Dileep Kumar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramji Singh Patel
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the
applicants with the prayer to allow this application and quash the charge
sheet dated 22.12.2025, cognizance/summoning order dated 15.04.2026
and entire proceedings of Case No. 32806 (State Vs. Dileep Kumar and
others), arising out of Case Crime No. 399 of 2025, under Sections 85,
115(2), 352, 351(3) BNS and Section 3/4 D.P. Act, Police Station
Phoolpur, District Varanasi, pending before the Additional Chief Judicial
Magistrate, Court No. 05, Varanasi.
3. After advancing certain argument at length by learned counsel for the
applicants, when the Court put certain query to him, he gave up his
challenge to the aforesaid impugned charge sheet against the applicants
and confined his submission requesting to grant some protection to the
applicants to surrender before the concerned court below. Learned
counsel for the applicants further stated at the Bar that he is not pressing
any other prayer made in this application on merits and prayed that a
direction may be issued to the concerned courts below to consider and
decide the bail application of the applicants expeditiously in accordance
with law.
4. Per contra, learned A.G.A. for the State states that he has no objection
to the aforesaid prayer made by learned counsel for the applicants for not
NA528 No. 34458 of 2026
2
pressing the other prayers made in the instant application.
5. In view of the above, it is directed that in case the applicants
appear/surrender before the concerned trial court within three weeks from
today and apply for bail, their bail application shall be considered and
decided in view of law laid down by Hon'ble Apex Court in the case of
Satender Kumar Antil Vs. Central Bureau of Investigation and another:
(2021) 10 SCC 773. Till the aforesaid period of three weeks or till
surrender before Court, whichever is earlier, no coercive steps shall be
taken against the applicants in the aforesaid case.
6. With the aforesaid observations, this application is finally disposed of.
(Chawan Prakash,J.)
September 8, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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