Anuj Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anuj Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to applicants to surrender before the concerned court within three weeks; trial court to dispose of bail application/recall of NBW expeditiously in accordance with law; no coercive action against applicants for three weeks or until surrender, whichever is earlier. Quashing challenge and other prayers not pressed on merits.

Issue for consideration

Whether the entire proceeding of Case No. 1817 of 2019 arising out of Charge Sheet No. 258 of 2019 dated 1.11.2019 (case crime no. 285 of 2019, ss. 376(2)(Gha), 504, 506 IPC, P.S. Georgetown, district Prayagraj) and the NBW order dated 25.4.2023 against the applicants should be quashed (subsequently not pressed on merits). +1 more

Ratio / Principle

The applicants shall surrender before the concerned court within three weeks from the date of the order, and in case they apply for bail, the learned trial court shall dispose of the bail application expeditiously in accordance with law.

Key takeaways

For the period of three weeks from the date of the order or till the surrender of the applicants before the learned trial court, whichever is earlier, no coercive action shall be taken against them.ratio¶¶11

Detailed headnote1 paragraphs

Quashing application converted to surrender-and-bail direction (Allahabad High Court, Jitendra Kumar Sinha, J., Order Date 19.8.2025, Neutral Citation 2025:AHC:141331) — Application under Section 528 BNSS No. 12986 of 2025 by Anuj Kumar and 2 others sought quashing of the entire proceeding of Case No. 1817 of 2019 arising out of Charge Sheet No. 258 of 2019 dated 1.11.2019 (case crime no. 285 of 2019, sections 376(2)(Gha), 504, 506 IPC, P.S. Georgetown, district Prayagraj) and NBW order dated 25.4.2023, with a stay of further proceedings. After argument, counsel gave up the challenge to the charge sheet and cognizance order and did not press remaining prayers on merits, confining the request to protection to surrender and expeditious consideration of bail/recall of NBW; the learned AGA raised no objection to short-period protection. The Court directed the applicants to surrender within three weeks, ordered expeditious disposal of any bail application by the trial court in accordance with law, and directed that no coercive action be taken for three weeks or until surrender, whichever is earlier. Application disposed of accordingly, without adjudication on merits.

Neutral Citation No. - 2025:AHC:141331

Court No. - 89

Case :- APPLICATION U/S 528 BNSS No. - 12986 of 2025

Applicant :- Anuj Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar,Gyan Ranjan Mishra Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Mr. Dinesh Kumar, learned counsel for the applicants, Shri O.P. Singh, learned AGA for the State and perused the record.

Instant application has been filed with the prayer to quash the entire proceeding of Case No. 1817 of 2019 arising out of Charge Sheet No. 258 of 2019 dated 1.11.2019 arising out of case crime no. 285 of 2019 under section 376(2) (Gha), 504, 506 IPC , P.S. georgetown, district Prayagraj against the applicants as well as NBW order dated 25.4.2023. It is also prayed to stay the further proceeding of aforesaid case during pendency of present application.

After some length of the argument, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge sheet and cognizance order against the applicants and confined his submission requesting to grant some protection to the applicant to surrender before the learned trial court. The learned counsel for the applicantd further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned trial court to consider and decide the bail application/recall of NBW of the applicants expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court, he has no objection in granting protection to them for a short period.

In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court within three weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the learned trial court in accordance with law

For the period of three weeks from today or till the time of surrender of the applicants before the learned trial court, whichever is earlier, no coercive action shall be taken against them.

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

Order Date :- 19.8.2025 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad