Allahabad High Court
RAMLAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, with the Court directing that bail be considered if the accused surrender within two weeks and no coercive steps be taken in the interim.
Summary
The applicants Ramlal and two others, charged under IPC sections 323, 324, 328 and 308, filed an application under Section 528 of the BNSS seeking quash of the charge sheet, summons and the entire session proceedings. During hearing, the applicants' counsel indicated that they would surrender within two weeks and request bail, withdrawing all other prayers. The State’s Additional Government Advocate raised no objection to this change of stance. The Court ordered that, provided the applicants surrender within the stipulated period, their bail application shall be heard and decided in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021) 10 SCC 773. The Court also directed that no coercive measures be taken against the applicants during the two‑week window. Consequently, the application under Section 528 was disposed of.
Issues considered
- Whether the application under Section 528 BNSS for quash of charge sheet and proceedings should be entertained.
- Whether the Court should stay coercive action against the accused pending their surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 308, 323, 324, 328
Subjects
- bail
- quash of charge sheet
- Section 528
- IPC offences
- surrender
- coercive steps
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47711 of 2025
Ramlal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manjeet Kumar, Yadav Rahul
Ramkrishnan
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Km. Rani, Advocate holding brief of Sri Manjeet Kumar, Yadav,
learned counsel for the applicants, 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 prayer to quash the charge sheet dated 7.5.2021,
summoning order dated 19.2.2020 passed by Additional Chief Judicial
Magistrate, Court No.7, Aligarh as well as entire proceeding of Session
Case No.332 of 2023 (State vs. Ram Lal and others) under Sections 323,
324, 328, 308 I.P.C., Police Station Dataganj, District- Budaun, pending
before Additional District Judge/F.T.C.-II, Budaun.
3. After some argument, learned counsel for the applicants has made a
statement at the bar, on instructions, she 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 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.
NA528 No. 47711 of 2025
2
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 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 14, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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