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

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

What the court decided

AI extract

Outcome

Prayer for quashing refused; applicants given liberty to surrender before the court concerned and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825); and no coercive action against the applicants till three weeks from the date of the order.

Issue for consideration

Whether the chargesheet dated 25.05.2025, the cognizance/summoning order dated 22.07.2025 and the entire proceedings of Case No.698 of 2025 (State Vs. Balwant Yadav and others), arising out of Case Crime No.0091 of 2025, should be quashed/set aside.

Court's answer

On perusal of the narration of FIR, the impugned order and the chargesheet, the Court did not find this to be a case requiring its interference, and held that no ground was available in the application on the basis of which the impugned order, the chargesheet and the entire proceedings of the case could be set aside.

Ratio / Principle

The application was finally disposed of with a direction to the court concerned that if the applicants surrender before the court concerned within the stated period from the date of the order and apply for bail, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).

Key takeaways

It was made clear that till three weeks from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), Application U/S 528 BNSS No. 31400 of 2025, Balwant Yadav and 2 Others v. State of U.P. and Another, decided November 17, 2025: Application seeking quashing of chargesheet dated 25.05.2025 and cognizance/summoning order dated 22.07.2025, and of the entire proceedings of Case No.698 of 2025 (State Vs. Balwant Yadav and others), arising out of Case Crime No.0091 of 2025 under Sections 115(2), 117(2), 352, 351(3) of BNS, P.S. Sarpataha, District Jaunpur, pending before learned Judicial Magistrate-Ist, Jaunpur, was disposed of, the prayer being refused. Perusal of the FIR narration, impugned order and chargesheet disclosed no ground warranting interference. Liberty was granted to the applicants to surrender before the court concerned and apply for bail, such application to be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825); further, no coercive action was to be taken against the applicants till three weeks from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31400 of 2025

Balwant Yadav And 2 Others

.....Applicant(s)

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

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned AGA appearing for the State.

This present application has been filed for seeking quashing of chargesheet dated 25.05.2025 along with cognizance/summoning order dated 22.07.2025 and entire proceeding of Case No.698 of 2025 (State Vs. Balwant Yadav and others), arising out of Case Crime No.0091 of 2025, under Sections 115(2), 117(2), 352, 351(3) of BNS, P.S. Sarpataha, District Jaunpur, pending in the court of learned Judicial Magistrate-Ist, Jaunpur.

On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire proceedings of the said case, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection.

NA528 No. 31400 of 2025

2

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three from today and apply for bail, their bail application shall be considered and decided 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).

However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.

November 17, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

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