Rewati Prasad and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rewati Prasad and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to appear before the trial court within 15 days and move a bail application, to be considered and disposed of in terms of the Satendra Kumar Antil guidelines; interim protection from coercive action for 15 days.

Issue for consideration

Whether the entire proceeding of Criminal Case no. 12762 of 2025 (State vs. Rewati Prasad and others) under sections 115(2), 333, 351(2), 351(3), 352, 117(2) BNS, 2023, along with charge sheet dated 19.1.2025 and cognizance order dated 26.5.2025, ought to be quashed.

Ratio / Principle

In case the applicants appear before the court concerned within 15 days and move an application for bail, and there is no other legal impediment, the same shall be considered and disposed of in terms of the guidelines/observations given by the Hon'ble Apex Court in Satendra Kumar Antil.

Key takeaways

For a period of 15 days from the date of the order, no coercive action shall be taken against the applicants.ratio¶15
If no bail application is moved within the prescribed 15-day period, this protective order will be of no avail to the applicants.ratio¶16
Observation made while disposing the application (after the quashing prayer was relinquished) that none of the grounds urged were convincing for seeking quashing of the impugned orders along with the entire proceeding.obiter

Detailed headnote1 paragraphs

Criminal law — Quashing application under Section 528 BNSS — Applicants sought quashing of the entire proceeding of Criminal Case no. 12762 of 2025 (State vs. Rewati Prasad and others) under sections 115(2), 333, 351(2), 351(3), 352, 117(2) BNS, 2023, pending before A.M.M.-Ist, Budaun, arising out of Case Crime no. 368 of 2024, PS Islamnagar, District Budaun, along with charge sheet dated 19.1.2025 and cognizance order dated 26.5.2025 — At the outset, counsel for the applicants relinquished the prayer for quashment and elected to move a bail application before the trial court in view of the guidelines/observations in Satendra Kumar Antil v. CBI, (2021) 10 SCC 773, to which the AGA had no objection — Held: if the applicants appear before the court concerned within 15 days and move a bail application, and there is no other legal impediment, it shall be considered and disposed of in terms of the guidelines/observations in Satendra Kumar Antil (supra); no coercive action against the applicants for 15 days; the order will be of no avail if no such application is moved within the prescribed time — Court observed that none of the grounds were convincing for seeking quashing of the impugned orders and entire proceeding — Application disposed of. (Saurabh Srivastava, J.; November 6, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24617 of 2025

Rewati Prasad And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Bharat Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

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

This application has been filed by the applicants to quash the entire proceeding of Criminal Case no. 12762 of 2025 (State vs. Rewati Prasad and others) under sections 115(2), 333, 351(2), 351(3), 352, 117(2) BNS, 2023 pending in court of learned A.M.M. Ist, Budaun arising out of Case Crime no. 368 of 2024, PS- Islamnagar, District Budaun along with charge sheet dated 19.1.2025 and cognizance order dated 26.5.2025.

At the very outset, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Learned AGA has no objection to the prayer so made.

Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appears before the court concerned within 15 days from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

NA528 No. 24617 of 2025

2

For a period of 15 days from today, no coercive action shall be taken against the applicants.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.

With the above direction, the instant application stands disposed of. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned along with entire proceeding.

(Saurabh Srivastava,J.)

November 6, 2025

Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad