Allahabad High Court
NAGENDER @ NARENDRA KUMAR AND 12 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court disposed the Section 528 application, directing that bail be considered upon surrender and staying any coercive steps until surrender or three weeks, whichever is earlier.
Summary
The Allahabad High Court heard an application under Section 528 of the BNSS filed by Nagender @ Narendra Kumar and 12 others seeking to quash the criminal proceedings (Criminal Case No. 66019 of 2025) arising from offences under various IPC sections. During the hearing the applicants’ counsel withdrew the prayer to quash and instead expressed willingness to surrender within two weeks and requested that their bail application be decided in accordance with the Supreme Court’s decision in Satender Kumar Antil v CBI. The State’s Additional Government Advocate raised no objection to the amended request. The Court ordered that, subject to the applicants surrendering within the stipulated period, their bail application shall be heard and disposed of according to the precedent, and that no coercive measures be taken against them for up to three weeks or until surrender, whichever is earlier. Consequently, the application under Section 528 was disposed without granting the quash order.
Issues considered
- Whether the application under Section 528 BNSS can be disposed by directing bail instead of quashing the criminal proceedings
- Whether coercive steps against the accused may be stayed pending surrender and bail consideration
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 148, 149, 232, 307, 427, 504, 506
Subjects
- bail
- Section 528
- quash of criminal proceedings
- coercive steps
- surrender
- Allahabad High Court
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47106 of 2025
Nagender @ Narendra Kumar And 12 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Pramod Kumar Maurya, learned Counsel for the applicants as
well as learned A.G.A. for the State and perused the record.
2. This application under Section 528 BNSS has been filed by the applicants
with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to allow the present application and to quash the entire proceeding of the
Criminal case and charge Sheet dated 05.12.2024 as well as summoning order dated
11.09.2025 in Criminal Case No. 66019 of 2025 (State Vs. Nagendra and others)
arising out of Case Crime No. 181 of 2024 under Sections 147, 148, 149, 232, 504,
506, 427 and 307 of I.P.C., Police Station-Ramgarh Taal, District- Gorakhpur,
pending in the Court of Chief Judicial Magistrate, Gorakhpur."
3. After some argument, learned Counsel for the applicants 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 applicants are ready to
surrender before the court below within two weeks and seek their bail and
that their 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 applicants for not pressing the other prayers made in
NA528 No. 47106 of 2025
2
the instant application.
5. In view of the above, in case the applicants appear before the Court
below within two weeks and apply for bail, their 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. Till the aforesaid period of three weeks or till surrender before Court,
whichever is earlier, no coercive steps shall be taken against the applicants
in the aforesaid case.
7. With the aforesaid observations, this application under Section 528 BNSS
is finally disposed of.
(Chawan Prakash,J.)
May 7, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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