Allahabad High Court
SUNEEL KUMAR AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The High Court granted the applicants liberty to file a bail application within two weeks and stayed any coercive action, disposing of the Section 528 application.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the cognizance order dated 24-04-2025 and to obtain liberty to file a bail application before the trial court. The counsel for the applicants did not contest the merits of the underlying criminal case but requested the High Court to direct the trial court to consider their bail plea. The State did not oppose these submissions. The High Court granted the applicants permission to file a bail application within two weeks, directing the trial court to decide it in accordance with law, and ordered that no coercive action be taken against the applicants during this period. The application was thereafter disposed of.
Issues considered
- Whether the High Court can, under Section 528 of the BNSS, grant liberty to the accused to file a bail application before the trial court and stay coercive action pending such filing.
Legislation cited
- BNSS Act — s. 110, 115(2), 117(2), 131, 191(2), 324(4), 333, 351(3), 352
Subjects
- Section 528 application
- bail
- quashing cognizance order
- stay of coercive action
- criminal procedure
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 45280 of 2025
Suneel Kumar And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Akhilesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the parties and perused the record.
2. This application under Section 528 B.N.S.S. has been filed filed by the applicants
for quashing the cognizance order dated 24.04.2025 passed by learned Additional
Chief Judicial Magistrate, Ghazipur and entire proceeding of Criminal Case No.
20182 of 2022 (State Vs. Suneel Kumar & Ors.) arising out of Case Crime No. 20 of
2025, under sections- 110, 117 (2), 191 (2), 115(2), 352, 351 (3), 131, 333 and 324 (4)
of B.N.S.Police Station-Khanpur, District-Ghazipur.
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.
4. Learned AGA for the State has not opposed the submissions made by learned
counsel for the applicants.
5. The applicants are granted liberty to file bail application before the concerned trial
court within two weeks 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.
6. For the period of two weeks, no coercive action shall taken against the applicants in
the aforesaid case.
7. The present application is disposed of.
September 23, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
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