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

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

What the court decided

AI extract

Outcome

Applicants directed to appear/surrender before the trial court within three weeks and apply for bail, which shall be considered and decided expeditiously in accordance with settled law; interim protection granted in that no coercive action shall be taken against them for three weeks or until they appear/surrender, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Case No. Nil of 2025 arising out of Case Crime No. 160 of 2024 (Sections 115(2), 352, 351(3), 110, 118(1) BNS), including the charge-sheet dated 22.09.2024 and the cognizance/summoning order dated 18.04.2025, could be quashed by way of an application under Section 528 BNSS. +1 more

Court's answer

Since the applicants did not press the quashing prayer, the application under Section 528 BNSS was disposed of on the terms directed (surrender, expeditious bail, interim protection), and no determination was made on the merits of the quashing claim.

Ratio / Principle

If the applicants appear/surrender before the trial court within three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law (invoking Satender Kumar Antil, 2022 SCC OnLine SC 825).

Key takeaways

For three weeks from the date of this order, or until the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD — Application U/S 528 BNSS No. 27516 of 2025 (Ayan and 2 others v. State of U.P. and another), Raj Beer Singh, J., decided 4 September 2025. The applicants had sought quashing of the entire proceedings, including the charge-sheet dated 22.09.2024 and cognizance/summoning order dated 18.04.2025, arising out of Case Crime No. 160 of 2024 under Sections 115(2), 352, 351(3), 110, 118(1) BNS, PS Bisharatganj, District Bareilly. After arguing at some length, counsel stated the quashing prayer was not being pressed; the applicants undertook to appear before the trial court and requested a direction for expeditious decision of their bail application in accordance with Satender Kumar Antil v. CBI, 2022 SCC OnLine SC 825, plus interim protection. The Court directed that if the applicants appear/surrender within three weeks and apply for bail, the bail application shall be decided expeditiously in accordance with settled law; and that for three weeks, or till appearance/surrender, whichever is earlier, no coercive action shall be taken against them. The application under Section 528 BNSS was accordingly disposed of; the Court took no position on the merits of quashing.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27516 of 2025

Ayan And 2 Others	.....Applicant(s)
Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Sandeep Kumar Tripathi
Counsel for Opposite Party(s) :	G.A.

Court No. - 71

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 22.09.2024 as well as cognizance / summoning order dated 18.04.2025, of Case No. Nil of 2025 (State of U.P. Vs. Ayan and Others), arising out of Case Crime No. 160 of 2024 (State Vs. Ayan and Others), under Sections - 115(2), 352, 351(3), 110, 118(1) BNS, Police Station - Bisharatganj, District - Bareilly, pending in the court of Additional Civil Judge (Senior Division), Court No.5, Bareilly.

After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants would appear before the trial court concerned and a direction may be made to the court concerned to decide the bail application of applicants expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another , 2022 SCC OnLine SC 825 and protection may be granted to the applicants till then.

NA528 No. 27516 of 2025

2

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 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.

September 4, 2025 S Rawat

(Raj Beer Singh,J.)

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