Allahabad High Court
SURESH SINGH SEKHAWATversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted interim protection, directing that no coercive action be taken for four weeks and that the applicant’s regular bail application be considered expeditiously.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking interim protection while he withdraws the application and applies for regular bail. The applicant, a resident of Rajasthan, requested that no coercive action be taken against him for a period of four weeks. The opposing side did not oppose the prayer. The court directed that the applicant may appear before the concerned court and file a regular bail application within four weeks, which shall be considered and disposed of expeditiously. Additionally, the court ordered that no coercive action be taken against the applicant in the pending case (State Vs. Rajesh Singh and others) for the same four‑week period.
Issues considered
- Whether interim protection from coercive action can be granted to the applicant pending a regular bail application under Section 528 CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 379, 411, 413
Subjects
- bail
- interim protection
- Section 528 CrPC
- coercive action
- regular bail
- withdrawal of application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36536 of 2026
Suresh Singh Sekhawat
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Goswami, Dhananjay
Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some argument, Learned counsel for the applicant states that
applicant may be permitted to withdraw this applicant and appear before
the concerned court and apply for regular bail. Some interim protection
may be granted to the applicant as he is resident of Rajasthan.
2. Learned AGA does not oppose the said prayer.
3. This application is disposed of with a direction that in case, applicant
appears before the concerned court and applies for regular bail within four
weeks from today, his application for regular bail shall be considered and
disposed of expeditiously, in accordance with law.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicant pursuant to the Case No.2885 of 2007 (S.T.
No.87 of 2003, State Vs. Rajesh Singh and others), arising out of Case
Crime No.426 of 2002, under Sections 379, 411, 413 IPC, pending before
the Court Civil Judge (J.D.), Sonbhadra.
(Rajiv Lochan Shukla,J.)
September 17, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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