Allahabad High Court
KRISHNA VERMA @ K.K. VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court disposed of the Section 528 application and ordered that bail be considered if the applicant surrenders within two weeks, applying the Supreme Court precedent.
Summary
The applicant, Krishna Verma, filed an application under Section 528 of the B.N.S.S. seeking to quash the cognizance and charge sheet in a criminal case involving offences under Sections 354, 354(Gha), 294, 504 and 506 IPC. During the hearing, the applicant’s counsel withdrew all other prayers and expressed willingness to surrender within two weeks and apply for bail, invoking the Supreme Court decision in Satender Kumar Antil v. CBI (2021) 10 SCC 773. The opposing counsel had no objection to this amendment. The Court directed that, provided the applicant appears before the lower court within the stipulated period and files a bail application, the bail request should be decided in accordance with the cited Supreme Court precedent. Consequently, the Section 528 application was disposed of without further orders.
Issues considered
- Whether the application under Section 528 B.N.S.S. to quash the cognizance and charge sheet can be entertained after the applicant withdraws other prayers.
- Whether the applicant is entitled to bail upon surrender, guided by the Supreme Court judgment in Satender Kumar Antil v. CBI.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 294, 354, 354(Gha), 504, 506
Subjects
- bail
- Section 528 application
- quash of charge sheet
- surrender
- Supreme Court precedent
- criminal procedure
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 46764 of 2025
Krishna Verma @ K.K. Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Praveen Prasad Verma, Advocate holding brief of Sri Rakesh
Kumar Verma, learned counsel for the applicant, learned A.G.A. for the
State and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the
applicant with the prayer to quash the cognizance/summoning order dated
29.03.2025 and charge sheet dated 03.11.2023 as well as entire
proceeding of Case No.8467 of 2025 (State Vs. Krishna Verma @ K.K.
Verma) arising out of Case Crime No.254 of 2023 under Sections 354,
354(Gha), 294, 504, 506 IPC, Police Station Kamlanagar, District Agra,
pending before the Court of Additional Chief Judicial Magistrate, Court
No.1, Agra.
3. After some argument, learned counsel for the applicant has made a
statement at the bar, on instructions, that he does not want to press other
prayers made in the application and states that the applicant is ready to
surrender before the court below within two 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. 46764 of 2025
2
5. In view of the above, in case the applicant appears before the court
below within two weeks and apply 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. With the aforesaid observations, this application under Section 528
B.N.S.S. is finally disposed of.
(Chawan Prakash,J.)
April 16, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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