Dismissed¶11

Smt. Somwati and 2 Others v. State of U.P. and Another

Allahabad HC27 Jul 2025NA528/25326/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed as withdrawn; liberty to seek bail; 15-day protection from coercive action; charge sheet 24.3.2024 and cognizance/summoning order 22.5.2025 in Case No. 13019 of 2025 under Sections 452, 323, 504, 506 IPC, Case Crime No. 91 of 2024, P.S. Usawa, Budaun; Satender Kumar Antil (2021) 10 SCC 773 principles applied to bail consideration; expeditious bail disposal directed.

What did the court decide?

Application dismissed as withdrawn with liberty to file a bail application before the court concerned; 15-day protection from coercive action; direction for expeditious disposal of the bail application in light of Satender Kumar Antil, (2021) 10 SCC 773. ¶11

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

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the charge sheet dated 24.3.2024, the cognizance/summoning order dated 22.5.2025 and the entire proceedings in Case No. 13019 of 2025 (State v. Ravindra and others) under Sections 452, 323, 504, 506 IPC ought to be quashed. +1 more

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Ratio / Principle

The application under Section 528 BNSS is dismissed as withdrawn, with liberty to the applicants to approach the court concerned for bail.

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Key takeaways

To enable the applicants to approach the court concerned for bail, no coercive action shall be taken against them for a period of 15 days.ratio¶10
If the applicants prefer a bail application, the court concerned shall decide it expeditiously without granting unnecessary adjournment to any party.ratio¶10
While considering the applicants' bail application, the court below shall keep in mind the principles of law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.): Application under Section 528 BNSS seeking quashing of charge sheet dated 24.3.2024 and cognizance/summoning order dated 22.5.2025, and the entire proceedings of Case No. 13019 of 2025 (State v. Ravindra and others) under Sections 452, 323, 504, 506 IPC (Case Crime No. 91 of 2024, P.S. Usawa, District Budaun) pending before the Civil Judge (Sr. Div.) F.T.C./A.C.J.M., Budaun — dismissed as withdrawn at the applicant's request, unopposed by the AGA, with liberty to file a bail application before the court concerned. No coercive action against the applicants for 15 days; the court concerned directed to decide any bail application expeditiously without unnecessary adjournments, keeping in mind the principles in Satender Kumar Antil v. CBI, (2021) 10 SCC 773. Merits of the quashing challenge were not decided.

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Neutral Citation No. - 2025:AHC:124517

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Court No. - 76

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Case :- APPLICATION U/S 528 BNSS No. - 25326 of 2025

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Applicant :- Smt. Somwati And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km. Reena,Santosh Kumar Tiwari,Saurabh Varshney Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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This application under Section 528 BNSS has been filed by applicant for quashing the charge sheet dated 24.3.2024 and cognizance/summoning order dated 22.5.2025 as well as entire proceeding of Case No.13019 of 2025, State Vs. Ravindra and others, under Sections 452, 323, 504, 506 I.P.C., Police Station Usawa, District Budaun arising out of Case Crime No.91 of 2024 pending in the court of Civil Judge (Sr. Div.) F.T.C./A.C.J.M. Budaun.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

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The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 28.7.2025 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Smt. Somwati and 2 Others v. State of U.P. and Another

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Smt. Somwati and 2 Others v. State of U.P. and Another

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