Allahabad High Court
RAMOD SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The court granted the applicants liberty to file a bail application within twenty days and stayed any coercive action against them.
Summary
The applicants, Ramod Singh and two others, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Case No. 26085 of 2025) arising from offences under Sections 323, 504 and 506 of the IPC. Instead of contesting the merits, they requested liberty to file a bail application before the trial court, relying on the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State did not oppose the request. The High Court, applying the Supreme Court’s bail principles, granted the applicants permission to file a bail application within twenty days and ordered that no coercive action be taken against them during that period. The application was thereafter disposed of.
Issues considered
- Whether the applicants may be granted liberty to file a bail application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Whether coercive action against the applicants can be stayed pending the bail application
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- bail
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- IPC
- coercive action
- Supreme Court precedent
- criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 44135 of 2025
Ramod Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Law Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the material on record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Criminal Case No. 26085 of 2025 arising out of Case Crime No. 287 of
2025, under Sections 323, 504, 506 of I.P.C., Police Station- Roza, District-
Shahjahanpur as well as cognizance/summoning order dated 18.8.2025,
pending in the Court of learned A.C.J.M. Ist, Shahjahanpur.
3. At the very outset, learned counsel for the applicants has submitted that he
does not wish to press the merits of the case, rather he seeks liberty to file an
appropriate application before the concerned trial court and a direction to the
learned Trial Court to decide the bail application of the applicants in light of
the judgment of Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI,
(2022) 10 SCC 51.
4. Learned AGA for the State has not opposed the submissions made by
learned counsel for the applicants.
5. In light of the law laid down by the Hon'ble Supreme Court regarding
grant of bail to an accused, the applicants are granted liberty to file bail
application before the concerned trial court within 20 days from today along
with certified copy of this order. If such an application is filed within the
said period, the concerned trial court shall pass an order on the said
application in accordance with law.
NA528 No. 44135 of 2025
2
6. For the period of twenty days, no coercive action shall taken against the
applicants in the aforesaid case.
7. The present application is disposed of.
September 9, 2026
Gss
(Madan Pal Singh,J.)
Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad
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