Ramesh Yadav @ Tuntun Yadav and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramesh Yadav @ Tuntun Yadav and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused; application disposed of with directions that the applicants surrender before the Court below within three weeks, that any bail application be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922), and that no coercive action be taken for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 30.01.2025, the cognizance/summoning order dated 16.07.2025 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar, and the entire proceedings in Session Trial No.447 of 2025 (arising out of Case Crime No.0004 of 2025) should be quashed under Section 528 B.N.S.S. +1 more

Court's answer

The relief sought by the applicants through this application (quashing of the charge-sheet, cognizance/summoning order and associated proceedings) is refused; the relief was not pressed on merit and the learned A.G.A. raised no objection to the alternative prayer.

Ratio / Principle

The applicants are directed to surrender before the concerned Court below within three weeks from October 13, 2025; in case they apply 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 v. CBI, 2021 SCC OnLine SC 922.

Key takeaways

No coercive action shall be taken against the applicants for the period of three weeks from October 13, 2025 or till the time of their surrender before the Court below, whichever is earlier.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), decision dated October 13, 2025 — Application U/S 528 BNSS No. 33197 of 2025 filed by Ramesh Yadav @ Tuntun Yadav and Another sought quashing of the charge-sheet dated 30.01.2025, the cognizance/summoning order dated 16.07.2025 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar, and the entire proceeding in Session Trial No.447 of 2025 (state of U.P. Vs. Ramesh Yadav @ Tuntun Yadav and others) arising out of Case Crime No.0004 of 2025, P.S. Mehdawal, District Sant Kabir Nagar, under Sections 115(2), 352, 351(3), 117(2) B.N.S. & Section 3(1) Da, 3(1) Dha & 3(2)(va) SC/ST Act. Counsel for the applicants did not press the relief on merit and prayed instead for a direction that the bail application be decided expeditiously; the learned A.G.A. had no objection. The quashing relief was expressly refused. The Court directed the applicants to surrender before the Court below within three weeks, ordered that any bail application be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922, and protected the applicants from coercive action for three weeks or until surrender, whichever is earlier. The application stands disposed of with these directions.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33197 of 2025

Ramesh Yadav @ Tuntun Yadav And Another

			.....Applicant(s)
	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Rakesh Kumar,	Sanjay Pathak
Counsel for Opposite Party(s)	:	G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Vakalatnama filed today on behalf of S/Sri Shubham & Suraj Raj Singh, Advocates, on behalf of opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State.

This application under Section 528 B.N.S.S. has been filed by the applicants to quash the charge-sheet dated 30.01.2025, cognizance/summoning order dated 16.07.2025 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar as well as entire proceeding in Session Trial No.447 of 2025 (state of U.P. Vs. Ramesh Yadav @ Tuntun Yadav and others) arising out of Case Crime No.0004 of 2025, under Sections 115(2), 352, 351(3), 117(2) B.N.S. & Section 3(1) Da, 3(1) Dha & 3(2)(va) SC/ST Act, P.S.Mehdawal, District Sant Kabir Nagar.

On the matter being taken up, learned counsel for the applicants have 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 applicants expeditiously.

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

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

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

NA528 No. 33197 of 2025

2

within three 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 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 applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of.

October 13, 2025 SKD

(Deepak Verma,J.)

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