Kevala Prasad Gupta and 7 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kevala Prasad Gupta and 7 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashal relief refused; applicants directed to surrender before the concerned court below within three weeks, with bail applications thereafter to be decided expeditiously in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021 SCC OnLine SC 922); no coercive action against the applicants for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the relief sought through the application (quashal of the charge-sheet and cognizance order) should be entertained, or whether, as counsel did not press it on merit, the alternative prayer for expeditious decision of the pending bail applications by the courts below should be granted. +1 more

Court's answer

Since counsel for the applicants did not press the quashal relief on merit and instead prayed for expeditious disposal of the pending bail applications, the relief sought through the application is refused.

Ratio / Principle

In view of the alternative prayer, the applicants are directed to surrender before the concerned court below within three weeks, and any bail application made thereafter shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021 SCC OnLine SC 922).

Key takeaways

Interim protection: for three weeks from the date of this judgment or until the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 74 (Deepak Verma, J.), Application U/S 528 BNSS No. 24222 of 2025 — Kevala Prasad Gupta and 7 others v. State of U.P. and Another; decided October 7, 2025. Filed to quash the charge-sheet dated 14.08.2024 and cognizance order dated 26.05.2025 in Special Sessions Trial No.801 of 2025 arising out of Case Crime No.369 of 2024 (Sections 147, 323, 504 I.P.C.; Sections 3(2) va, 3(1)(da), 3(1)(Dha) of S.C./S.T.Act, 1989), P.S. Handia, District Prayagraj. Counsel did not press the quashal relief on merit and sought instead an expeditious decision of pending bail applications; the quashal relief was refused. Court directed surrender before the court below within three weeks, expeditious consideration of bail applications in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922, and interim protection from coercive action for three weeks or until surrender, whichever is earlier. Application stands disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24222 of 2025

Kevala Prasad Gupta And 7 Others

Versus	.....	Applicant(s)
State of U.P. and Another	.	....Opposite Party(s)
Counsel for Applicant(s)	: Dhiraj Pandey	Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Compliance affidavit filed today on behalf of learned AGA, is taken on record.

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

This application under Section 528 B.N.S.S. has been filed by the applicants to quash the impugned charge-sheet dated 14.08.2024, cognizance order dated 26.05.2025 in Special Sessions Trial No.801 of 2025 (State of U.P. vs. Kevala Prasad Gupta and others) arising out of Case Crime No.369 of 2024, under Sections 147, 323, 504 I.P.C. and Section 3(2) va, 3(1)(da), 3(1)(da), 3(1)(Dha) of S.C./S.T.Act, 1989, P.S. Handia, District Prayagraj.

On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

Accordingly the relief as sought by the applicants through this application is refused.

Considering the aforesaid alternative prayer of the

NA528 No. 24222 of 2025

2

applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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

9 With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of.

October 7, 2025 SKD

(Deepak Verma,J.)

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad