Mohit and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohit and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally with a direction that, upon surrender within three weeks, the applicants' bail applications be considered and decided expeditiously in accordance with settled law; and that no coercive action be taken against the applicants until three weeks from the order date.

Issue for consideration

Whether the chargesheet dated 13.11.2022, the cognizance/summoning order dated 09.12.2022, and the entire proceedings of Case No.2771 of 2022 (arising out of Case Crime No.80 of 2022, sections 323, 504, 506 IPC, P.S. Mansukhpura, Agra) pending before Judicial Magistrate-I, Fatehabad, Agra should be quashed. +1 more

Ratio / Principle

The instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that if the applicants surrender before it within three weeks from the order and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

It is made clear that till three weeks from the date of the order, no coercive action shall be taken against the applicants.ratio¶¶10

Detailed headnote1 paragraphs

Allahabad High Court (Court No. – 74), Hon'ble Saurabh Srivastava, J.; Order dated 22.5.2025. APPLICATION U/S 528 BNSS No. 18392 of 2025 — Mohit and 2 Others v. State of U.P. and Another. The applicants had sought quashing of the chargesheet dated 13.11.2022 and cognizance/summoning order dated 09.12.2022, and the entire proceedings of Case No.2771 of 2022 arising out of Case Crime No.80 of 2022 (Sections 323, 504, 506 IPC, P.S. Mansukhpura, District Agra), pending before Judicial Magistrate-I, Fatehabad, Agra. At the outset, counsel for the applicants did not press the application on merits and confined his prayer to disposal with a direction for expeditious consideration of bail upon surrender, invoking Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825); the opposite party raised no objection. The Court disposed of the application, directing that if the applicants surrender within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law; it further made clear that till three weeks from the order, no coercive action shall be taken against the applicants. The prayer to quash the chargesheet/summoning order on merits was therefore neither pressed nor adjudicated.

Neutral Citation No. - 2025:AHC:86493

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 18392 of 2025

Applicant :- Mohit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

This application under section 528 BNSS has been preferred to quash the chargesheet dated 13.11.2022 along with cognizance/summoning order dated 09.12.2022 and the entire proceedings of Case No.2771 of 2022 (State vs. Mohit and Others) arising out of Case Crime No.80 of 2022, under sections 323, 504, 506 I.P.C., P.S. Mansukhpura, District- Agra, pending in the court of learned Judicial Magistrate-I, Fatehabad, Agra.

At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection.

In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.

Order Date :- 22.5.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad