Indel Alias Inder Prasad and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Indel Alias Inder Prasad and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants for three weeks from the order date or until they appear/surrender before the Trial Court, whichever is earlier; upon appearance/surrender within three weeks and application for bail, the Trial Court to consider and decide the bail application expeditiously in accordance with settled law.

Issue for consideration

Whether the entire proceedings of Case No. 11751 of 2024 (State Vs. Indal and Others), including the charge-sheet dated 21.07.2024 and cognizance order dated 26.09.2024, arising out of Case Crime No. 268 of 2024, should be quashed under Section 528 BNSS.

Court's answer

If the applicants appear/surrender before the Trial Court within a period of three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

Ratio / Principle

For a period of three weeks from the date of the order, or till the applicants appear/surrender before the Trial Court, whichever is earlier, no coercive action shall be taken against the applicants.

Key takeaways

As the applicants' counsel stated the quashing prayer was not being pressed, the application under Section 528 BNSS was disposed of in the above terms (directions for surrender/expedited bail and interim protection) rather than adjudicating the quashing question.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), order dated 11.07.2025: Application under Section 528 BNSS No. 21864 of 2025 by Indel alias Inder Prasad and another sought quashing of the entire proceedings, including charge-sheet dated 21.07.2024 and cognizance order dated 26.09.2024, of Case No. 11751 of 2024 (State Vs. Indal and Others), arising out of Case Crime No. 268 of 2024 under Sections 323, 504, 506, 452, 427, 308 I.P.C., Police Station Ahraula, District Azamgarh, pending before the Additional Chief Judicial Magistrate, Azamgarh. Counsel for the applicants stated the prayer for quashing was not being pressed and the applicants were willing to appear before the Trial Court. The Court directed that if the applicants appear/surrender before the Trial Court within three weeks and apply for bail, the bail application shall be considered and decided expeditiously in accordance with settled law, and that no coercive action shall be taken against the applicants for three weeks or until such appearance/surrender, whichever is earlier. The application was disposed of in these terms.

Neutral Citation No. - 2025:AHC:111024

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 21864 of 2025

Applicant :- Indel Alias Inder Prasad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prahlad Kumar Bhardwaj,Sanjay Kumar Bhardwaj Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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 21.07.2024 and cognizance order dated 26.09.2024, of Case No. 11751 of 2024 (State Vs. Indal and Others), arising out of Case Crime No. 268 of 2024, under Sections - 323, 504, 506, 452, 427, 308 I.P.C., Police Station - Ahraula, District - Azamgarh, pending before the court of Additional Chief Judicial Magistrate, Azamgarh.

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 Trial court concerned to decide the bail application of applicants expeditiously 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 Trial 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 :- 11.7.2025 S Rawat

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