Allahabad High Court
YOGESH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The application under Section 528 of the B.N.S. is dismissed as withdrawn.
Summary
The applicants, Yogesh and another, filed an application under Section 528 of the B.N.S. seeking to quash the criminal proceedings (Case No. 12 of 2026) arising from Crime No. 0059 of 2025, which were instituted under Sections 115(2), 351(3) and 352 of the B.N.S. The applicants argued that they had not been arrested and that the offences carried a maximum imprisonment of seven years. During the hearing, the applicants withdrew their request for quash and instead asked the court to permit them to approach the trial court for regular bail, invoking the Supreme Court’s guidelines in Satender Kumar Antil v. CBI (2021). The High Court dismissed the Section 528 application as withdrawn, granted a 15‑day protection from coercive action, and directed the trial court to decide any bail application expeditiously without unnecessary adjournments, keeping the Satender Kumar Antil principles in mind. The application was therefore disposed of with liberty to seek bail.
Issues considered
- Whether the application under Section 528 of the B.N.S. for quashing the criminal proceedings is maintainable.
- Whether the applicants are entitled to a direction for expeditious consideration of their bail application.
Legislation cited
- B.N.S. — s. 115(2), 351(3), 352, 528
Subjects
- Section 528
- quash of proceedings
- bail
- expeditious trial
- coercive action
- criminal procedure
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9688 of 2026
Yogesh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Gyan Chandra, Mamta Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicants 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 No. 12 of 2026 arising out of Case Crime No. 0059 of 2025,
under Sections 115(2), 351(3), 352 of B.N.S., Police Station- Thakurdwara, District-
Moradabad.
3. Learned counsel for the applicants submits that applicants were 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 applicants has submitted that
he is not inclined to press the prayer as made in the application under Section 528
BNSS and they are ready to appear before the trial court and apply for regular bail and
a direction may be issued to the trial court to decide the bail application of the
applicants 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 is
dismissed as withdrawn with liberty to applicants to approach the court concerned for
bail. In order to enable the applicants to approach the court concerned for bail, for a
period of 15 days, no coercive action shall be taken against the applicants. In case, the
bail application is preferred by the applicants 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 18, 2026
Israr
(Padam Narain Mishra,J.)
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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