Allahabad High Court

MOHIT SAINI ALIAS ANUBHAV KUMARversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: SANJIV KUMAR

Holding

The court held that the applicant must surrender within a month, be protected from arrest during that period, and the bail application should be disposed of expeditiously, thereby disposing of the Section 528 application.

Summary

The applicant, Mohit Saini, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet and proceedings in a criminal case involving offences under Sections 323, 324 and 504 IPC. He later indicated that he was not pressing any substantive relief and only wanted the court to direct an expeditious hearing of his bail application. The State, through the Advocate General, raised no objection to granting the applicant temporary protection if he surrendered before the trial court. The High Court ordered the applicant to surrender within one month and directed that he not be arrested during that period, directing the trial court to dispose of the bail application promptly in line with the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. Consequently, the Section 528 application was disposed of with the above directions.

Issues considered

Whether the application under Section 528 CrPC for quashing the charge‑sheet and proceedings can be entertained.
Whether the court can direct protection from arrest and order the applicant to surrender within a stipulated period.
Whether the bail application must be decided expeditiously as per Supreme Court guidelines.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 323, 324, 504

Subjects

bail
Section 528 CrPC
quash charge‑sheet
surrender order
expeditious disposal
protection from arrest
IPC offences

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37055 of 2025

Mohit Saini Alias Anubhav Kumar
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Anurudh Kumar Prajapati, Deepak
Kumar Prajapati
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE SANJIV KUMAR, J.

1. Heard learned counsel for the applicant 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 08.04.2023 and cognizance and summoning
order dated 20.08.2025 as well as entire proceeding of Criminal Case No.
25771 of 2023 (State Vs. Mohit Saini @ Anubhav Kumar), arising out of
Case Crime No. 205 of 2023, under Sections 323, 504, 324 IPC, P.S.
Majhola, District Moradabad, pending in the court of learned A.C.J.M.,
Court No. IV, District Moradabad.

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 applicant expeditiously.

4. Learned A.G.A. for the State submits that in case the applicant is not
pressing the relief as sought for by him on merits and want to surrender
before the concerned court concerned, he has no objection in granting
protection to him for a short period.

5. 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. 37055 of 2025
2

case, he applies for bail, the bail application of the applicant shall be
disposed of expeditiously by the 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.

6. For the period of one month from today or till the time of surrender of the
applicant before the concerned court, whichever is earlier, the applicant 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.)
May 5, 2026
Subham

Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad

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