Allahabad High Court
AKIL RANAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court held that the application to quash the proceeding cannot be granted and instead directed surrender and an expeditious determination of bail.
Summary
The applicant, Akil Rana, filed an application under Section 528 of the Bihar Narcotic Substances Act seeking to quash the criminal proceeding (Complaint case no. 115 of 2026) filed against him and three others. The application also requested that the lower courts decide his bail application expeditiously. The State opposed the quash petition but did not object to the alternative prayer for an expeditious bail hearing. The High Court refused the relief to quash the proceeding, directing the applicant to surrender within three weeks and ordering that any bail application be decided promptly, with no coercive action taken during that period. The court disposed of the Section 528 application with these directions.
Issues considered
- Whether the application under Section 528 of the Bihar Narcotic Substances Act to quash the pending criminal proceeding is maintainable.
- Whether the court can direct the applicant to surrender and order an expeditious hearing of his bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 528
- Indian Penal Code — s. 115(2), 304, 351(2), 352
Subjects
- criminal procedure
- Section 528
- quash of criminal proceeding
- bail
- coercive action
- surrender
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37361 of 2026
Akil Rana
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Najakat Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. This application under Section 528 BNSS has been filed by the
applicant to quash the entire proceeding of Complaint case no. 115 of
2026 (Mohd. Hasan Vs. Idrish and others) pending in the court of learned
Second Addl. Civil Judge (Senior Division)/Addl. Chief Judicial
Magistrate Rampur against the applicant and three other persons under
sections 115(2), 352, 351(2), 304 B.N.S. Police Station Kemri, District
Rampur including summoning order dated 10.7.2026 issued by learned
Second Addl. Civil Judge (Senior Division) /Addl. Chief Judicial
Magistrate Rampur.
3. On the matter being taken up, learned counsel for the applicant has not
pressed the relief as sought by means of this application on merit and
prayed for issuance of appropriate direction to the concerned Courts
below to decide the bail application of the applicant expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicant.
5. Accordingly the relief as sought by the applicant through this
application is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is
NA528 No. 37361 of 2026
2
directed that applicant shall surrender before the concerned Court below
within three weeks from today and in case applies for bail, the bail
application shall be decided expeditiously by the courts below in
accordance with law laid down by the Apex Court in the case of Satender
Kumar Antil Vs. Central Bureau of Investigation and another, reported
in 2021 SCC OnLine SC 922.
7. For a period of three weeks from today or till the time of surrender of
the applicant before the Court below, whichever is earlier, no coercive
action shall be taken against him.
8. With the aforesaid directions, this application under Section 528
BNSS stands disposed of.
(Deepak Verma,J.)
September 8, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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