Malkhan Singh and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Malkhan Singh and 7 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 granted liberty to surrender and apply for bail - on surrender within 15 days, the bail application is to be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825), subject to no other legal impediment; no coercive action against the applicants till expiry of the 15-day period.

Issue for consideration

Whether the entire proceedings of Criminal Case no. 3643 of 2025 (State of U.P. vs. Malkhan Singh and others), arising out of Case Crime no. 476 of 2024 under the cited BNS sections, along with the charge sheet dated 29.10.2024 and the cognizance order dated 28.1.2025, should be quashed.

Court's answer

On perusal of the entire material on record, the Court did not find this to be a case where its interference is required; no ground appears in the application on the basis of which the impugned order and the entire criminal proceedings of the said case can be set aside.

Ratio / Principle

If the applicants surrender before the court concerned within 15 days and apply for bail, and there is no other legal impediment, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another.

Key takeaways

Till 15 days from today, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad HC (Saurabh Srivastava, J., 27.10.2025) - Application u/s 528 BNSS No. 31424 of 2025 by Malkhan Singh and 7 others for quashing of the entire proceedings of Criminal Case no. 3643 of 2025 (State of U.P. vs. Malkhan Singh and others), arising out of Case Crime no. 476 of 2024 under sections 191(2), 191(3), 190, 333, 115(2), 351(2), 324(2) of BNS, PS Dadri, District Gautam Buddh Nagar, along with the charge sheet dated 29.10.2024 and cognizance order dated 28.1.2025: DISPOSED OF. The Court found no ground warranting interference and refused the prayer. Applicants were permitted liberty to surrender and seek bail; on surrender within 15 days, the bail application is to be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI and another (2022 SCC OnLine SC 825), and no coercive action is to be taken against the applicants till 15 days from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 31424 of 2025

Malkhan Singh And 7 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Alok Kumar Gupta
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 entire proceeding of Criminal Case no. 3643 of 2025 (State of U.P. vs. Malkhan Singh and others) arising out of Case Crime no. 476 of 2024 under sections 191(2), 191(3), 190, 333, 115(2), 351(2), 324(2) of BNS, PS- Dadri, District Gautam Buddh Nagar along with charge sheet dated 29.10.2024 and cognizance order dated 28.1.2025.

On perusal of the entire material available on record in shape of impugned order along with other record, 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 entire criminal 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.

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 15 days from today and apply

NA528 No. 31424 of 2025

2

for bail, if there is no other legal impediment before learned court concerned, 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 15 days from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.

(Saurabh Srivastava,J.)

October 27, 2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad