Allahabad High Court
ASHOK KUMAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court dismissed the 528 BNSS application and directed that bail be decided expeditiously, keeping the non‑bailable warrant in abeyance.
Summary
The applicants were summoned by an Additional Chief Judicial Magistrate in Etah under Sections 420 and 406 of the Indian Penal Code, and a non‑bailable warrant was issued against them. They filed a Section 528 BNSS application seeking to quash the summons and the warrant. Counsel for the applicants argued that the application should be dismissed and that the applicants should instead seek bail, relying on the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court agreed, directing that the applicants appear before the trial court within three weeks to file a bail application, which must be decided expeditiously in line with the Supreme Court precedent. The non‑bailable warrant was ordered to remain in abeyance pending the bail application, and the BNSS petition was disposed of.
Issues considered
- Whether the Section 528 BNSS application to quash the summons and warrant should be entertained
- Whether the applicants are entitled to bail pending trial in accordance with the Supreme Court’s ruling in Satender Kumar Antil
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 406, 420
Subjects
- bail
- 528 BNSS application
- quash of summons
- non-bailable warrant
- Section 420 IPC
- Section 406 IPC
- CrPC Section 82
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41841 of 2026
Ashok Kumar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Lavkush Kumar Bhatt
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. The instant 528 BNSS Application has been filed with a prayer to quash the
impugned summoning order dated 02.06.2014 passed by the learned Additional Chief
Judicial Magistrate, Court No. 18, Etah, in Criminal Complaint Case No. 301 of 2013
(Badam Singh Vs. Ashok Kumar and others) whereby the applicants were summoned
under Section 420, 406 I.P.C. as well as the order of N.B.W./82 Cr.P.C. dated
09.06.2026 passed by the Additional Civil Judge (Senior Division) Etah, in Criminal
Case No. 301 of 2013 (Badam Singh Vs. Ashok Kumar and others) for the offence
under Sections 406, 420 I.P.C., Police Station Jasrathpur, District Etah, pending in the
court of Additional Civil Judge (Senior Division) Etah.
3. After arguing the matter at some extent, learned counsel for applicants submits that
present application may be dismissed as not pressed with liberty to file a bail
application which may be decided in view of law laid down by Supreme Court in
"Satender Kumar Antil Vs. Central Bureau of Investigation and another,
reported in 2021 SCC OnLine SC 922" to which learned A.G.A. has no objection.
4. In view of the above, it is provided that in case the applicants appear before the trial
court within three weeks from today and apply for bail, the same shall be decided
expeditiously, in view of the law laid down by the Apex Court in Satender Kumar
Antil (supra).
5. For the period of three weeks from today or till the time of surrender of the
applicants before the Court below, whichever is earlier, non-bailable warrant issued
against the applicants shall be kept in abeyance.
6. The petition is disposed off accordingly.
(Deepak Verma,J.)
September 30, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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