Allahabad High Court
VIJAY AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The Court refused to quash the charge sheet and instead ordered the applicants to surrender and have their bail applications decided expeditiously, staying coercive action for three weeks.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet dated 02‑06‑2025, the summoning order dated 10‑07‑2026, and the entire proceedings in State Vs. Manoj and others. They also requested that the lower courts decide their bail applications expeditiously. The State, represented by the Advocate General, raised no objection to the alternative prayer for expedited bail. The High Court refused the primary relief of quashing the charge sheet but directed the applicants to surrender before the lower court within three weeks and ordered that any bail application be heard promptly, in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The Court also stayed any coercive action against the applicants for the three‑week period or until surrender, and disposed of the Section 528 application.
Issues considered
- Whether the application under Section 528 B.N.S.S. for quashing the charge sheet and summoning order is maintainable.
- Whether the court can direct surrender and order an expeditious hearing of bail applications.
- Whether coercive action can be stayed pending surrender of the applicants.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352
- B.N.S.S. — s. 528
Subjects
- quash charge sheet
- Section 528 B.N.S.S.
- Bhartiya Nyay Sanhita
- bail
- expeditious bail hearing
- surrender
- coercive action stay
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37698 of 2026
Vijay And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jeet Bahadur Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for applicants; learned A.G.A. for State and
perused the record.
2. Present 528 B.N.S.S. application has been filed to quash the Charge Sheet
dated 02.06.2025; Summoning Order dated 10.07.2026 passed by the Chief
Judicial Magistrate, Mau as well as entire proceedings of Case
No.18260/2026 (State Vs. Manoj and others) arising out of Case Crime
No.134/2025, under Section 3(5), 115(2), 352, 351(2) Bhartiya Nyay
Sanhita, 2023, Police Station-Ghosi, District-Mau.
3. On the matter being taken up, learned counsel for the applicants 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 applicants expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicants.
5. Accordingly the relief as sought by the applicants through this application
is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is directed
that applicants shall surrender before the concerned Court below within three
weeks from today and in case apply for bail, the bail application shall be
decided expeditiously by the courts below in accordance with law laid down
NA528 No. 37698 of 2026
2
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 the period of three weeks from today or till the time of surrender of
the applicants before the Court below, whichever is earlier, no coercive
action shall be taken against them.
8. With the aforesaid directions, this application under Section 528 B.N.S.S.
stands disposed of.
(Deepak Verma,J.)
September 9, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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