Disposed¶8

Sahab Singh v. State of U.P. and Another

Allahabad HC6 Aug 2025NA528/28831/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Deepak Verma, J.) disposes of an application under Section 528 BNSS filed by Sahab Singh against State of U.P. and another seeking quashing of proceedings in Case Crime No. 75 of 2015 under Sections 420, 406 IPC. Quashing relief refused after counsel gave up the challenge; directions issued for surrender within three weeks, expeditious bail consideration per Satender Kumar Antil (2021 SCC Online SC 922), and abeyance of the non-bailable warrant during that period.

What did the court decide?

Main relief (quashing) refused; alternative prayer allowed: applicant directed to surrender within three weeks, bail application to be disposed of expeditiously per Satender Kumar Antil guidelines, and non-bailable warrant kept in abeyance for three weeks or until surrender, whichever is earlier ¶8

Sahab Singh Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 04.06.2025 passed by the Civil Judge (S.D./F.T.C.), Gautam Buddh Nagar, along with the charge sheet, non-bailable warrant and criminal proceedings arising out of Case Crime No. 75 of 2015 under Sections 420, 406 I.P.C., should be quashed +1 more

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Court's answer

The relief as sought by the applicant in the instant application is refused, as counsel gave up the challenge to the charge sheet, non-bailable warrant and criminal proceedings and did not press any other prayer on merits

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Ratio / Principle

The applicant is directed to surrender before the concerned court below within three weeks, and if he applies for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law keeping in view the guidelines laid down in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922

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Key takeaways

For a period of three weeks from the date of the order or till the time of surrender of the applicant before the concerned court below, whichever is earlier, the non-bailable warrant issued against the applicant shall be kept in abeyanceratio¶7

Detailed headnote1 paragraphs

Application under Section 528 BNSS seeking quashing of order dated 04.06.2025 passed by Civil Judge (S.D./F.T.C.), Gautam Buddh Nagar in Case No. 6888 of 2016 (State v. Sahab Singh), arising out of Case Crime No. 75 of 2015 under Sections 420, 406 IPC, PS Expressway, District Gautam Buddh Nagar — Counsel for applicant gave up challenge to charge sheet, non-bailable warrant and criminal proceedings, confining prayer to protection for surrender and expeditious disposal of bail application — Main relief refused — Applicant directed to surrender within three weeks; on surrender, bail application to be decided expeditiously in accordance with law following guidelines in Satender Kumar Antil v. CBI, 2021 SCC Online SC 922 — Non-bailable warrant kept in abeyance for three weeks or till surrender, whichever is earlier — Application disposed of.

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Neutral Citation No. - 2025:AHC:133946

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Court No. - 72

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Case :- APPLICATION U/S 528 BNSS No. - 28831 of 2025

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Applicant :- Sahab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 528 B.N.S.S. has been filed by the applicant to quash the order dated 04.06.2025 passed by learned Civil Judge (S.D./F.T.C.), Gautam Buddh Nagar in Case No. 6888 of 2016 (State Versus Sahab Singh), arising out of Case Crime No. 75 of 2015, under Sections 420, 406 I.P.C., Police Station- Expressway, District- Gautam Buddh Nagar, pending in the Court of learned Civil Judge (S.D./F.T.C.), Gautam Buddh Nagar.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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In view of the above, the relief as sought by the applicant in the instant application is refused.

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However considering the aforesaid alternative prayer made by

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learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as 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.

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For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against he applicant, shall be kept in abeyance.

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With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of.

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Order Date :- 7.8.2025 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Sahab Singh v. State of U.P. and Another

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Sahab Singh v. State of U.P. and Another

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