Allahabad High Court
MONIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The court dismissed the prayer to quash and stay the proceedings as not pressed, but ordered that any bail application filed after surrender before 08-10-2026 be decided expeditiously.
Summary
Moni filed an application under Section 528 of the BNSS seeking to quash the charge sheet and stay the trial proceedings arising under the SC/ST (P.A.) Act. The applicant also requested that the trial court decide his bail application expeditiously, emphasizing that he is a lady. The State did not oppose the limited bail request and raised no objection to the applicant’s arguments. The court held that the prayer for quashing and staying the case was not pressed and therefore dismissed it. However, the court directed that if the accused surrenders before 08-10-2026 and applies for bail, the trial court must consider the bail application promptly, noting the applicant’s gender. The application was consequently disposed of.
Issues considered
- Whether the application under Section 528 BNSS for quashing and staying the proceedings is maintainable.
- Whether the court can direct expeditious consideration of a bail application upon the accused's surrender.
Legislation cited
- BNSS — s. 528
- SC/ST (P.A.) Act — s. 115(2), 3(1)(r)(s), 3(2)5a, 351(3), 352
Subjects
- Section 528
- BNSS
- SC/ST (P.A.) Act
- quash proceedings
- stay of trial
- bail
- expeditious bail
- lady accused
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40963 of 2026
Moni
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anju Pandey, Ayush Kumar Gupta,
Mithilesh Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Mithilesh Kumar Gupta, learned counsel for the applicant,
Sri Triveni Saran Rai, learned counsel for the State and perused the
record.
3. This application under Section 528 BNSS has been filed by the
applicant Moni with the prayer to allow this application and to quash the
entire proceedings of charge sheet No. A48 of 2026 dated 19.02.2026,
cognizance order dated 24.03.2026 passed by Special Judge, SC/ST
(P.A.), Act, Ghazipur in Special Trial No. 169 of 2026 (State Vs. Moni),
under Sections 115(2), 352, 351(3) BNS and Section 3(2)5a, 3(1)(r)(s) of
SC/ST Act arising out of Case Crime No. 46 of 2026, Police Station
Kasimabad, District Ghazipur and with a further prayer to stay the further
proceedings of the aforesaid case, during the pendency of the present
application.
4. At the very outset, learned counsel for the applicant states that the
purpose of the applicant would suffice if an order is passed directing the
trial court to decide the bail application of the applicant as expeditiously
as possible. He further states that although the prayer has been made for
quashing and staying the proceedings of the aforesaid case but he does not
press the same.
5. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicant.
6. In view of the above, the prayer for quashing and staying the further
proceedings of the aforesaid case is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case
and looking to the limited prayer of learned counsel for the applicant it is
NA528 No. 40963 of 2026
2
directed that if the accused-applicant surrenders before the trial court
concerned or on before 08.10.2026 and applies for bail, the same shall be
considered and decided expeditiously in accordance with law. It is further
relevant to mention that the applicant is a lady which fact should also be
brought to the notice of the court concerned.
8. The present application stands disposed of.
9. Registrar (Compliance) to communicate this order to the concerned
trial court within one week.
(Samit Gopal,J.)
September 24, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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