Manish Sahani and 5 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Manish Sahani and 5 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action for three weeks or until the applicants appear/surrender, whichever is earlier; direction to appear/surrender within three weeks, apply for bail, with the bail application to be considered and decided expeditiously in accordance with settled law.

Issue for consideration

Whether the entire proceedings of Case No. 26333 of 2024 (State of U.P. Vs. Manish Sahani and Others), arising out of Case Crime No. 591 of 2023 under Sections 147, 323, 504, 506, 325, 308 IPC, P.S. Bairiya, District Ballia, including the charge-sheet dated 16.01.2024 and the cognizance order dated 13.11.2024, should be quashed under Section 528 BNSS. +1 more

Court's answer

The applicants did not press the prayer for quashing of the entire proceedings; the application was accordingly not adjudicated on the merits of quashing.

Ratio / Principle

In case the applicants appear/surrender before the trial court concerned within a period of three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

For a period of three weeks from today or till the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 71), Hon'ble Raj Beer Singh, J. — Application under Section 528 BNSS No. 17613 of 2025, order dated 14.7.2025. Manish Sahani and five others had sought quashing of the entire proceedings of Case No. 26333 of 2024 (State of U.P. Vs. Manish Sahani and Others), arising out of Case Crime No. 591 of 2023 under Sections 147, 323, 504, 506, 325, 308 IPC, P.S. Bairiya, District Ballia, pending before the Chief Judicial Magistate, Ballia, including the charge-sheet dated 16.01.2024 and the cognizance order dated 13.11.2024. After arguing at some length, counsel submitted that the quashing prayer was not being pressed and that the applicants were willing to appear before the trial court, seeking a direction for expeditious disposal of their bail application per the law laid down in Satender Kumar Antil Vs. CBI, 2022 SCC OnLine SC 825, with interim protection. Directing accordingly, the Court ordered that if the applicants appear/surrender within three weeks and apply for bail, the bail application shall be considered and decided expeditiously in accordance with settled law, and that for three weeks, or until appearance/surrender, whichever is earlier, no coercive action shall be taken against them. The application was disposed of in those terms.

Neutral Citation No. - 2025:AHC:112165

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 17613 of 2025

Applicant :- Manish Sahani And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 16.01.2024 as well as cognizance order dated 13.11.2024, of Case No. 26333 of 2024 (State of U.P. Vs. Manish Sahani and Others), arising out of Case Crime No. 591 of 2023, under Sections - 147, 323, 504, 506 , 325, 308 IPC, P.S. - Bairiya, District - Ballia, pending in the court of Chief Judicial Magistate, Ballia.

After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants are willing to appear before the trial court concerned and a direction may be made to the court concerned to decide the bail application of applicants expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another , 2022 SCC OnLine SC 825 and protection may be granted to the applicants till then.

In view of the aforesaid, it is directed that in case applicants

appear/surrender before the trial court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

The application under Section 528 BNSS is disposed of in above terms.

Order Date :- 14.7.2025 S Rawat

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad