Allahabad High Court
MUNNA GAUTAM ALIAS MUNNAversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The application under Section 528 BNSS is dismissed as withdrawn, with liberty granted to the applicant to seek regular bail.
Summary
The applicant, Munna Gautam, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Crime No. 235 of 2023) filed under IPC sections 193, 211, 452, 427 and 511. He argued that he had not been arrested, the charge‑sheet was already filed and the offences carried a maximum imprisonment of seven years. During the hearing he withdrew the prayer to quash the case and instead requested regular bail, invoking the Supreme Court decision in Satender Kumar Antil v. CBI (2021). The Court dismissed the application as withdrawn, granted the applicant liberty to approach the trial court for bail, ordered that no coercive action be taken against him for 30 days, and directed the trial court to decide the bail application expeditiously without unnecessary adjournments. The order thus allows the applicant to seek bail while the criminal case proceeds.
Issues considered
- Whether an application under Section 528 BNSS seeking to quash criminal proceedings can be entertained when the applicant withdraws the prayer.
- Whether the Court can direct that no coercive action be taken against the applicant pending bail proceedings.
- Whether the Court may direct the trial court to decide the bail application expeditiously.
Legislation cited
- Indian Penal Code — s. 193, 211, 427, 452, 511
Subjects
- bail
- quash of criminal proceedings
- Section 528 BNSS
- IPC
- coercive action
- expeditious trial
- withdrawal of application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8660 of 2026
Munna Gautam Alias Munna
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Harsh Tiwari, Yogesh Narayan Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State
and perused the material on record.
2. The present application under Section 528 BNSS has been filed to quash
the entire proceedings of Case Crime No. 235 of 2023, under Sections 193,
211, 452, 427, 511 of IPC, Police Station- Kakadeo, District- Kanpur Nagar as
well as cognizance/summoning order dated 06.02.2025 along with bailable
warrant dated 14.10.2025.
3. Learned counsel for the applicant submits that applicant was not arrested
during the course of investigation and the charge-sheet has been submitted
against them. It is further submitted that the offences are punishable up to 7
years imprisonment.
4. After arguing at some length, learned counsel for the applicant has
submitted that he is not inclined to press the prayer as made in the application
under Section 528 BNSS and he is ready to appear before the trial court and
applies for regular bail and a direction may be issued to the trial court to
decide the bail application of the applicant expeditiously keeping in view the
law laid down in Hon'ble Supreme Court in the case of Satender Kumar Antil
vs Central Bureau of Investigation and Another (2021) 10 SCC 773.
5. Under the circumstances, the present application under Section 528 BNSS
NA528 No. 8660 of 2026
2
is dismissed as withdrawn with liberty to applicant to approach the court
concerned for bail. In order to enable the applicant to approach the court
concerned for bail, for a period of 30 days, no coercive action shall be taken
against the applicant. In case, the bail application is preferred by the applicant
before the court concerned, the court concerned shall decide the same
expeditiously without granting unnecessary adjournment to any party. While
considering the bail application of the applicants, the court below shall keep in
mind the principles of law laid down in the case of Satender Kumar Antil vs
Central Bureau of Investigation and Another (2021) 10 SCC 773.
6. The application stands disposed of with the aforesaid liberty.
March 19, 2026
v.k. updh.
(Padam Narain Mishra,J.)
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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