Allahabad High Court

VIKRAM VIBHUTI SINGH MOURYA AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: SAMIT GOPAL

Holding

The application for quash of the charge‑sheet and stay of proceedings is dismissed as the relief was not pressed, while the court orders an expeditious consideration of any bail application filed after surrender.

Summary

The applicants, a group of ten accused, filed an application under Section 528 of the Criminal Procedure Code seeking quash of the charge‑sheet dated 11‑12‑2024 and a stay of the Special Judge’s proceedings in Special Session Trial No. 918 of 2026. They also prayed that the trial court expedite their bail applications, though they did not press the quash‑stay relief. The State opposed the application but did not contest the limited bail‑related prayer. The High Court observed that the applicants had not pressed the relief of quash and stay, and therefore dismissed that part of the application. However, noting the peculiar facts, the Court directed that if the accused surrender before 22‑09‑2026 and apply for bail, the trial court must decide the bail application expeditiously. The application was consequently disposed of.

Issues considered

Whether the application under Section 528 seeking quash of the charge‑sheet and stay of the Special Judge’s trial can be entertained.
Whether the court should direct an expeditious hearing of the bail applications of the accused.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528

Subjects

Section 528
quash charge sheet
stay of trial
bail application
expeditious hearing

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37275 of 2026

Vikram Vibhuti Singh Mourya And 9 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Pratibha, Som Pal
Counsel for Opposite Party(s) : G.A.

Court No. - 76
HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Sompal Kashyap, learned counsel for the applicants, Sri Ram
Prakash Shukla, learned counsel for the State and perused the record.

3. This application under Section 528 BNSS has been filed by the
applicants Vikram Vibhuti Singh Mourya, Pramod Kumar Maurya,
Anil Kumar, Raj Kumar Maurya, Neeraj Maurya, Anuj Maurya,
Pradeep Kumar, Narendra Prasad Maurya @ Pappu, Jagdish
Kumar and Shripati with the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble Court may be
pleased to allow this application and quash the charge sheet dated
11.12.2024 as well as cognizance order 02.07.2026 passed Special Judge
(S.C./ST Act)/ Additional Sessions Judge, Prayagraj in Special Session
Trial No. 918 of 2026 (State Vs. Vikram Vibhuti Singh Maurya and
others) arising out of case crime no. 10/2024, police Station Sarai
Memrej, District Prayagraj, under Section 147, 148, 149, 323, 452, 427,
308, 504, 506 IPC and 3(2) (va), 3(1) (da), 3(1) (dha) of SC/ST Act,
pending in the Court of Special Judge (S.C./ST Act)/ Additional Sessions
Judge, Prayagraj, during the pendency of the present case before this
Hon'ble Court and further be pleased to stay the entire proceeding of
Special Session Trial No. 918 of 2026 (State Vs. Vikram Vibhuti Singh
Maurya and others) Arising out of case crime no. 10/2024, police Station
Sarai Memrej, District Prayagraj pending before the Special Judge (S.C
(S.C./ST Act)/Additional Sessions Judge, Prayagraj during the pendency
of the present case before this Hon'ble Court, otherwise the applicant
shall suffer irreparable loss and injury."

4. At the very outset, learned counsel for the applicants states that the
purpose of the applicants would suffice if an order is passed directing the
trial court to decide the bail application of the applicants as expeditiously
NA528 No. 37275 of 2026
2

as possible. He further states that although the prayer has been made for
quashing and staying the proceedings of the aforesaid case but he does not
press the same.

5. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicants.

6. In view of the above, the prayer for quashing and staying the further
proceedings of the aforesaid case is dismissed as not pressed.

7. However, in view of the peculiar facts and circumstances of the case
and looking to the limited prayer of learned counsel for the applicants it is
directed that if the accused-applicants surrender before the trial court
concerned or on before 22.09.2026 and apply for bail, the same shall be
considered and decided expeditiously in accordance with law.

8. The present application stands disposed of.

9. Registrar (Compliance) to communicate this order to the concerned
trial court within one week.

(Samit Gopal,J.)
September 8, 2026
M. ARIF

Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad

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