Ram Bharos Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ram Bharos Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application finally disposed of with direction that if the applicant surrenders within three weeks and applies for bail, the bail application shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant till three weeks from the order date.

Issue for consideration

Whether the application under section 528 BNSS for quashment of the chargesheet, cognizance/summoning order and trial proceedings should be finally disposed of, the applicant not pressing it on merits, with a direction for expeditious consideration of his bail application upon surrender.

Court's answer

The application under section 528 BNSS is finally disposed of with a direction to the court concerned that if the applicant surrenders before it within three weeks and applies for bail, his bail application be considered and decided expeditiously in accordance with settled law (including the law laid down in Satender Kumar Antil, which the opposite parties did not oppose).

Ratio / Principle

Upon such surrender and bail application, the bail application shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

Till three weeks from the date of the order, no coercive action shall be taken against the applicant.ratio¶¶10

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS against chargesheet dated 09.07.2022, cognizance/summoning order dated 14/15.02.2024 and proceedings of Case No.6790 of 2024 (State vs. Ram Bharos), arising out of Case Crime No.485 of 2021 under Sections 3/5A/5B/8, U.P. Prevention of Cow Slaughter Act, 1955, P.S. Rohaniya, Varanasi — applicant did not press the application on merits and confined the prayer to a protective direction — held: application finally disposed of with direction that if the applicant surrenders within three weeks and applies for bail, the bail application shall be considered and decided expeditiously in accordance with settled law, including Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825, to which the opposite parties had no objection — no coercive action against the applicant till three weeks from the order.

Neutral Citation No. - 2025:AHC:91461

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 19412 of 2025

Applicant :- Ram Bharos Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar,Rajesh Kumar Patel Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

This application under section 528 BNSS has been preferred to quash the chargesheet dated 09.07.2022 along with cognizance/summoning order dated 14/15.02.2024 and the entire proceedings of Case No.6790 of 2024 (State vs. Ram Bharos) arising out of Case Crime No.485 of 2021, under sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Rohaniya, District- Varanasi, pending in the court of learned Additional Chief Judicial Magistrate-I, Varanasi.

At the very outset, learned counsel for the applicant 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 applicant surrenders before it and apply for bail, his 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 applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application 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 applicant herein.

Order Date :- 28.5.2025 Saif

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