Adil Alias Sonu vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Adil Alias Sonu vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused; instead, directions issued: applicant to surrender before the concerned Court below within four weeks; bail application, if filed, to be decided expeditiously by the courts below in accordance with Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922; no coercive action against the applicant for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the impugned charge-sheet dated 19.08.2023, the impugned cognizance/summoning order dated 10.01.2024 passed by the Learned Chief Judicial Magistrate, Baghpat, and the entire proceedings of Criminal Case No.280 of 2024 should be quashed. +1 more

Court's answer

The relief as sought by the applicant through the application (quashing of the charge-sheet, the cognizance/summoning order and the connected criminal proceedings) is refused, the applicant having not pressed that relief on merit.

Ratio / Principle

In terms of the alternative prayer, the applicant is directed to surrender before the concerned Court below within four weeks, and if he applies for bail, the bail application 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 a period of three weeks from the date of the order, or till the applicant surrenders before the Court below, whichever is earlier, no coercive action shall be taken against him.ratio¶¶19

Detailed headnote1 paragraphs

Criminal miscellaneous application under Section 528 BNSS (Allahabad High Court, Deepak Verma, J., October 6, 2025) seeking quashing of the charge-sheet dated 19.08.2023 and the cognizance/summoning order dated 10.01.2024 passed by the Learned Chief Judicial Magistrate, Baghpat, together with the entire proceedings of Criminal Case No.280 of 2024 (State Vs. Adil @ Sonu), arising out of Case Crime No.652 of 2022 under Sections 279, 338, 304A I.P.C., Police Station Baghpat, District Baghpat. Counsel for the applicant did not press the relief on merit and sought instead a direction for expeditious disposal of the bail application, to which the learned A.G.A. had no objection. Held: the quashing relief is refused; the applicant is directed to surrender before the Court below within four weeks, and on his applying for bail, the courts below shall decide the bail application expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922; for three weeks or until surrender, whichever is earlier, no coercive action is to be taken against the applicant. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26384 of 2025

Adil Alias Sonu

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Mohd.	Naushad
Counsel for Opposite Party(s)	: G.A.
Court No.- 72

HON'BLE DEEPAK VERMA, J.

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

This application under Section 528 BNSS has been filed by the applicant to quash the It is, therefore, most respectfully prayed that this application and quash the impugned charge-sheet dated 19.08.2023 and impugned cognizance/ summoning order dated 10.01.2024 passed by the Learned Chief Judicial Magistrate, Baghpat as well as entire proceedings of Criminal Case No.280 of 2024 (State Vs. Adil @ Sonu) arising out of Case Crime No.652 of 2022, Under Sections 279, 338, 304A I.P.C., Police Station Baghpat, District Baghpat pending in the Court of Learned Chief Judicial Magistrate, Baghpat.

On the matter being taken up, learned counsel for the applicant has 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 applicant expeditiously.

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

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

Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within four 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

NA528 No. 26384 of 2025

2

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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

With the aforesaid directions, this application under Section 528 BNSS stands disposed of .

October 6, 2025 Sanjeet

(Deepak Verma,J.)

Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad