Allahabad High Court
RAVENDRA SINGH YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court ordered that upon surrender within three weeks, the applicant’s bail application shall be considered per the Supreme Court precedent, and no coercive steps shall be taken, disposing of the original application.
Summary
The applicant, Ravendra Singh Yadav, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and related proceedings in a criminal case involving offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. During the hearing, the applicant’s counsel withdrew the challenge to the charge‑sheet and limited the prayer to obtaining protection to surrender before the trial court and to have any bail application considered expeditiously. The State’s counsel raised no objection to this narrowed request. The Court directed that if the applicant surrenders within three weeks, his bail application shall be heard in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021) 10 SCC 773, and that no coercive measures be taken against him during that period. The application was thereafter disposed of.
Issues considered
- What relief, if any, can be granted under Section 528 B.N.S.S. when the applicant withdraws his challenge to the charge‑sheet?
- Whether the Court can order protection from coercive steps and direct expedited consideration of a bail application upon surrender.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- bail
- quash charge sheet
- Section 528
- coercive steps
- surrender
- criminal procedure
- Supreme Court precedent
- Dowry Prohibition Act
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37755 of 2026
Ravendra Singh Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Karan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the
applicants with the prayer to allow this application and quash the
impugned Charge-sheet No.135/2016 dated 02.05.2016, cognizance order
dated 28.09.2016, Non-Bailable Warrant dated 20.03.2025 and entire
proceedings of Criminal Case No.2644/IX/2016 (New Number
592/IX/2026 ) (State Vs. Ravendra Singh Yadav), arising out of Case
Crime No.79/2016, under Sections 498-A, 323, 504, 506 I.P.C. and
Section 3/4 of D.P. Act, Police Station-Kotwali Nagar, District-Banda,
pending in the court of Civil Judge(J.D.)/Fast Track Court-First, Banda.
3. After advancing certain argument at length by learned counsel for the
applicant, when the Court put certain query to him, he gave up his
challenge to the aforesaid impugned charge sheet against the applicant
and confined his submission requesting to grant some protection to the
applicant to surrender before the concerned court below. Learned counsel
for the applicant further stated at the Bar that he is not pressing any other
prayer made in this application on merits and prayed that a direction may
be issued to the concerned courts below to consider and decide the bail
application of the applicant expeditiously in accordance with law.
4. Per contra, learned A.G.A. for the State states that he has no objection
to the aforesaid prayer made by learned counsel for the applicant for not
NA528 No. 37755 of 2026
2
pressing the other prayers made in the instant application.
5. In view of the above, it is directed that in case the applicant
appears/surrenders before the concerned trial court within three weeks
from today and applies for bail, his bail application shall be considered
and decided in view of law laid down by Hon'ble Apex Court in the case
of Satender Kumar Antil Vs. Central Bureau of Investigation and
another: (2021) 10 SCC 773. Till the aforesaid period of three weeks or
till surrender before Court, whichever is earlier, no coercive steps shall be
taken against the applicant in the aforesaid case.
6. With the aforesaid observations, this application is finally disposed of.
(Chawan Prakash,J.)
September 16, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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