Allahabad High Court
YOGENDRA KUMAR SINGH @ YOGESH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court declined to entertain the challenge to the dismissal order and directed that bail be considered if applied for within three weeks, staying any coercive action in the meantime.
Summary
The applicants Yogendra Kumar Singh and two others filed an application under Section 528 of the B.N.S.S. seeking to quash a Civil Judge’s order that dismissed their discharge application in a dowry‑related criminal case. During hearing, the applicants’ counsel withdrew the challenge to the order and only requested that the court direct the trial court to consider their bail application promptly. The State’s counsel raised no objection to this limited prayer. The High Court directed that if the applicants appear before the trial court within three weeks and file a bail application, the bail should be decided in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI, and that no coercive measures be taken against them during that period. The application was thereafter disposed without further orders.
Issues considered
- Whether the order dismissing the discharge application can be quashed under Section 528 of the B.N.S.S.
- Whether the applicants are entitled to bail pending trial in the dowry prohibition case
- Whether coercive steps against the applicants can be stayed pending bail application
Legislation cited
- B.N.S. — s. 115(2), 351(2), 85
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- Section 528
- discharge application
- coercive steps
- fast track court
- dowry prohibition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39884 of 2026
Yogendra Kumar Singh @ Yogesh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramesh Chandra Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri R.C. Maurya, learned counsel for the applicants, Sri Jyoti
Kumar Singh, 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 order dated 21.08.2026 passed by the Civil Judge (Junior
Division) Fast Track Court, Crime against Woman, Hathras (A-II)
whereby the learned court dismissed the discharge application dated
23.06.2026 filed by the applicants in Misc. Case No. 236 of 2025 (State
Vs Yogesh @ Yogendra and others), arising out of Case Crime No. 82 of
2025, under Sections 85, 115 (2), 351 (2) of B.N.S. and Section 3/4
Dowry Prohibition Act, Police Station Mahila Thana, District Hathras,
pending before the Civil Judge (Junior Division), Fast Track Court, Crime
against Woman, Hathras.
3. After the learned counsel for the applicants had argued at length, the
Court put certain queries to him. In response, he gave up his challenge to
the aforesaid impugned order against the applicants and confined his
submission to requesting that the applicants be further given protection to
enable them to surrender before the court concerned. The learned counsel
for the applicants further stated at the Bar that he is not pressing any other
prayer made in this application on merits and prayed that a direction be
issued to the court concerned to consider and decide the bail application
expeditiously, in accordance with law.
NA528 No. 39884 of 2026
2
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 applicants for not
pressing the other prayers made in the instant application.
5. In view of the above, it is directed that, in case the applicants appear
before the concerned trial court within three weeks from today, and apply
for bail, the 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 appear before the
Court, whichever is earlier, no coercive steps shall be taken against the
applicants in the aforesaid case.
6. With the aforesaid observations, this application is finally disposed of.
(Chawan Prakash,J.)
September 28, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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