Allahabad High Court
SAVITA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court disposed of the Section 528 BNSS application, allowing the withdrawal of the quash‑petition and directing that bail be considered per the Satender Kumar Antil judgment, with a stay on coercive steps for three weeks.
Summary
The applicants, Savita and four others, filed an application under Section 528 of the BNSS seeking to quash the charge sheet and cognizance order in a criminal case filed under various IPC and CLA provisions. During the hearing, the applicant’s counsel withdrew all prayers except the request to surrender before the lower court and to have their bail application considered, relying on the Supreme Court decision in Satender Kumar Antil v. CBI. The State’s counsel raised no objection to the withdrawal of the other prayers. The High Court directed that, if the applicants appear within two weeks and file a bail application, the bail should be decided in accordance with the Satender Kumar Antil precedent, and that no coercive measures be taken against them for up to three weeks. The application under Section 528 BNSS was consequently disposed of.
Issues considered
- Whether the application under Section 528 BNSS for quashing the charge sheet can be withdrawn and replaced by a bail application.
- Whether the court can stay coercive steps against the applicants pending their surrender and bail application.
Legislation cited
- BNSS Act — s. 528
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 147, 148, 149, 323, 336, 504, 506
Subjects
- bail
- quash of charge sheet
- Section 528 BNSS
- withdrawal of application
- coercive steps
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48080 of 2025
Savita And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Avadh Raj Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Avadh Raj Sharma, 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 present application and quash the charge sheet dated 1.3.2024 as
well as cognizance order dated 5.11.2024 passed by Judicial Magistrate 3rd Aligarh
along with entire criminal proceeding of criminal case No. 1780 of 2024 (State Vs
Sonu and others) arising out of case crime no. 09 of 2024, Under Section
147,148,149,323,336,504,506, IPC & Section 7 of CLA Act, Police Station Lodha,
district Aligarh, Proceeding pending in the court of ACS II (J.D.) Aligarh."
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 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 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. 48080 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 14, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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