Allahabad High Court
IBRAHIM KHAN AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court disposed of the Section 528 application, permitting the withdrawal of other prayers, staying coercive steps for two weeks, and directing that bail be decided per the Supreme Court precedent.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the charge sheet and related proceedings in a criminal case. During the hearing, the applicants indicated they would withdraw all other prayers, surrender before the lower court within three weeks, and request bail, relying on the Supreme Court decision in Satender Kumar Antil v. CBI (2021) 10 SCC 773. The opposing State counsel raised no objection to this amendment. The High Court ordered that no coercive measures be taken against the applicants for a period of two weeks or until they surrender, whichever is earlier, and directed that their bail application be considered in line with the cited Supreme Court precedent. Consequently, the Section 528 application was disposed of.
Issues considered
- Whether the application under Section 528 for quashing the charge sheet can be withdrawn in favour of seeking bail.
- Whether the court can stay coercive steps against the applicants pending their surrender.
- How the Supreme Court precedent in Satender Kumar Antil v. CBI applies to the bail consideration.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 147, 148, 323, 354, 452, 504, 506
Subjects
- bail
- Section 528
- quash charge sheet
- coercive steps
- surrender
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47702 of 2025
Ibrahim Khan And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhand Pratap Tripathi, Sanjay Singh,
Shivam Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for applicants and learned AGA for the State.
2. The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the charge sheet
dated 27.7.2022 and summoning order dated 22.12.2022 as well as entire
proceedings of Case No.38600 of 2022 (State Vs. Sazid & Ors.), arising
out of case crime No.597 of 2022, under Sections 147, 148, 452, 354,
323, 504, 506 I.P.C., Police Station- Qwarsi, District Aligarh.
3. After some argument, learned counsel for the applicants has made a
statement at the bar, on instructions, he they 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 three 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 as well as 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 the instant application.
5. In view of the above, in case the applicants appear before the court
below within three weeks and apply for bail, their bail application be
considered and disposed of in view of law laid down by Hon'ble Apex
NA528 No. 47702 of 2025
2
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 two 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
B.N.S.S is finally disposed of.
(Chawan Prakash,J.)
May 7, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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