Allahabad High Court
RAJEEVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court disposed of the Section 528 application, allowing the applicant to surrender within three weeks, stay coercive steps during that period, and have his bail application decided per the Supreme Court precedent.
Summary
The applicant, Rajeev, filed an application under Section 528 of the B.N.S. seeking to quash the cognizance order dated 21.01.2026 and the related criminal proceedings. During the hearing, the applicant’s counsel withdrew all prayers except the request to surrender before the trial court within three weeks and to have his bail application considered in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021) 10 SCC 773. The State’s Additional Government Advocate raised no objection to this amendment. The court ordered that, if the applicant surrenders within the stipulated period, his bail application shall be heard and decided according to the cited Supreme Court precedent, and that no coercive measures be taken against him during that time. The trial court was directed to continue the proceedings as per law. Consequently, the Section 528 application was disposed of.
Issues considered
- Whether the cognizance/summoning order dated 21.01.2026 can be quashed under Section 528 of the B.N.S.
- Whether the applicant may be permitted to surrender and have his bail application considered in accordance with the Supreme Court’s ruling in Satender Kumar Antil v. CBI.
- Whether coercive steps against the applicant should be stayed pending surrender.
Legislation cited
- B.N.S. — s. 115(2), 117(2), 118(1), 351(2), 352, 528, 85
Subjects
- bail
- surrender
- Section 528
- quash of cognizance
- coercive steps
- criminal procedure
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40214 of 2026
Rajeev
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Lalit Prakash Gangwar, Yashasvi
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Lalit Prakash Gangwar, learned Counsel for the applicant as
well as learned A.G.A. for the State and perused the record.
2. This application under Section 528 BNSS has been filed by the applicant
with the following prayer:
"It is therefore most respectfully prayed that this Hon'ble court may graciously be
pleased to allow this application and quash the cognizance/ summoning order dated
21.01.2026 passed by Learned Additional Chief Judicial magistrate Court No.5
Bareilly along-with quash the proceeding of Case No. 1695 of 2026, arising out of
Case Crime No.364 of 2025, Under Section 85, 115(2), 352,351(2),117(2), 118(1)
B.N.S as well as Charge Sheet No. 448 of 2025 (Dated 20.12.2025) Police Station
Collector Bookganj, District Bareilly (State Vs Rajeev)."
3. After some argument, learned Counsel for the applicant has made a
statement at the Bar that he does not want to press other prayers made in the
application and states that the applicant is ready to surrender before the Trial
Court within three weeks and seek his bail and that his bail application be
considered and disposed of 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 reported in (2021) 10 SCC 773.
4. Learned AGA states that he has no objection to the aforesaid prayer made
by the Counsel for the applicant for not pressing the other prayers made in
the instant application.
NA528 No. 40214 of 2026
2
5. In view of the above, in case the applicant appears before the Trial Court
within three weeks and applies for bail, his bail application be considered
and disposed of 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 reported in (2021) 10 SCC 773 after hearing the parties.
6. 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. However, the learned Trial Court shall proceed with the
matter against the applicant in accordance with law.
7. With the aforesaid observations, this application under Section 528 BNSS
is finally disposed of.
(Chawan Prakash,J.)
September 29, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
Checking your session…