Allahabad High Court

PAVAN KUMAR SONKAR AND 15 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 18 March 2026
Bench: SANJIV KUMAR

Holding

The court held that the amendment to delete parties is permissible and, under Section 528 CrPC, the applicants may be protected from arrest for one month provided they surrender, and their bail applications must be decided expeditiously.

Summary

The Allahabad High Court entertained two applications: one seeking amendment to delete applicants 1‑6 from the party list, and another under Section 528 of the CrPC on behalf of applicants 7‑16 to quash the charge‑sheet and obtain protection from arrest. The court found no objection from the State to the amendment and allowed the deletion of the six names. Regarding the Section 528 application, the court noted the applicants' willingness to surrender and the State’s lack of objection to a short‑term protection. It directed the applicants to surrender within one month and ordered that any bail applications filed thereafter be decided expeditiously, citing the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. For the one‑month period, the applicants were protected from arrest, and the application was disposed of.

Issues considered

Whether the court may permit amendment to delete certain applicants from the party list.
Whether protection from arrest and direction to surrender can be granted under Section 528 CrPC to the remaining applicants.
Whether the bail applications of the applicants should be heard and disposed of expeditiously.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 143, 283, 341

Subjects

bail
amendment of parties
Section 528 CrPC
protection from arrest
expeditious bail
Uttar Pradesh
non‑bailable offences

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50097 of 2025

Pavan Kumar Sonkar And 15 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Kamlesh Kumar Dwivedi, Saurabh
Dwivedi
Counsel for Opposite Party(s) : G.A.

Court No. - 84
HON'BLE SANJIV KUMAR, J.

Order on Criminal Misc. Amendment Application.

1. Heard Mr. Kamlesh Kumar Dwivedi, learned counsel for the
applicants, learned AGA for the State and perused the record.

2. The present application for amendment has been filed in compliance of
order dated 13.01.2026 passed by this Court, whereby learned counsel for
the applicants seeks to delete the names of applicant nos.1 to 6 from the
array of parties.

3. Learned AGA has no objection to the aforesaid prayer.

4. The present amendment application is, accordingly, allowed.

5. Learned counsel for the applicants is permitted to delete the name of
applicant nos. 1 to 6 from the array of party during the course of the day.

Order on Application u/s 528 BNSS.

1. This application under Section 528 BNSS on behalf of applicant nos.7 to
16 has been filed to quash charge-sheet dated 27.08.2023 and summoning
order dated 16.10.2024 as well as entire proceeding of Criminal Case No.
2475 of 2024 (State Vs. Pavan Kumar Sonkar and others), arising out of
Case Crime No. 137 of 2022, under Sections 143, 283, 341 IPC, Police
Station Shahganj, Nagar Commissionerate, Prayagraj, pending in the court
NA528 No. 50097 of 2025
2

of learned Additional Chief Judicial Magistrate, Court No.7, Allahabad.

2. Learned counsel for applicant nos.7 to 16 stated that he is not pressing any
other prayer made in this application on merits and prayed that a direction at
the outset may be issued to the concerned court to consider and decide the
bail application of applicant nos.7 to 16 expeditiously.

3. Learned A.G.A. for the State submits that in case applicant nos.7 to 16 are
not pressing the relief as sought for by them on merits and want to surrender
before the concerned court below, he has no objection in granting protection
to them for a short period.

4. In view of above, considering the aforesaid alternative prayer made by
learned counsel for applicant nos.7 to 16, it is directed that applicant nos.7 to
16 shall surrender before the concerned court within one month from today
and in case, they apply for bail, the bail application of applicant nos.7 to 16
shall be disposed of expeditiously by the court in accordance with law, after
hearing the informant, keeping in view the guidelines as laid down by the
Apex Court in the case of Satender Kumar Antil vs. Central Bureau of
Investigation and another, reported in (2021) 10 SCC 773.

5. For the period of one month from today or till the time of surrender of
applicant nos.7 to 16 before the concerned court, whichever is earlier, they
shall not be arrested in the above case.

6. With the above observations and directions, this application under Section
528 BNSS is disposed of.

(Sanjiv Kumar,J.)
March 19, 2026
Subham

Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad

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