Allahabad High Court
VIJAY BAHADUR SINGH AND ANOTHERversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The Court granted the applicants liberty to file a bail application within two weeks and ordered a stay on any coercive action, disposing of the Section 528 application.
Summary
The applicants Vijay Bahadur Singh and another filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet dated 04‑08‑2024 and the criminal proceedings (Criminal Case No. 9556 of 2025) arising from offences under Sections 419, 420 and 506 IPC. The applicants did not contest the merits but requested liberty to file a bail application before the trial court, relying on the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State did not oppose the request. The High Court, applying the Supreme Court’s guidelines on bail, allowed the applicants to file a bail application within two weeks and ordered that no coercive action be taken against them during that period. The Section 528 application was thereafter disposed.
Issues considered
- Whether the High Court can, under Section 528 B.N.S.S., grant liberty to file a bail application and stay coercive action pending such filing
- Whether the charge sheet and criminal proceedings can be quashed on the basis of the applicant’s request
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 419, 420, 506
Subjects
- bail
- Section 528 application
- quash charge sheet
- Supreme Court precedent
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6284 of 2026
Vijay Bahadur Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramakant Singh
Counsel for Opposite Party(s) : Karuna Nidhi Pandey, G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the parties and perused the record.
2. This application under Section 528 B.N.S.S. has been filed filed by the
applicants for quashing charge sheet dated 04.08.2024 as well as entire
proceeding of Criminal Case No. 9556 of 2025 (State Vs. Vijay Bahadur
Singh and others) arising out of Case Crime No. 0110 of 2024 under section-
419, 420, 506 I.P.C. Police Station-Haldharpur, District-Mau, pending in the
court of Judicial Magistrate, Mau.
3. At the very outset, learned counsel for the applicants has submitted that he
does not wish to press the merits of the case, rather he seeks liberty to file an
appropriate application before the concerned trial court and a direction to the
learned Trial Court to decide the bail application of the applicants in light of
the judgment of Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI,
(2022) 10 SCC 51.
4. Learned AGA for the State has not opposed the submissions made by
learned counsel for the applicants.
5. In light of the law laid down by the Hon'ble Supreme Court regarding
grant of bail to an accused, the applicants are granted liberty to file bail
application before the concerned trial court within two weeks from today
along with certified copy of this order. If such an application is filed within
the said period, the concerned trial court shall pass an order on the said
application in accordance with law.
6. For the period of two weeks, no coercive action shall taken against the
applicant in the aforesaid case.
NA528 No. 6284 of 2026
2
7. The present application is disposed of.
September 9, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
Checking your session…