Babu Lal Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Babu Lal Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: applicant to appear/surrender before the trial Court within four weeks and apply for bail, which shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for four weeks or until appearance/surrender, whichever is earlier.

Issue for consideration

Whether the Non-Bailable Warrant, the proceedings under Section 82 Cr.P.C., and the entire criminal proceedings of Case No.248 of 2005 against the applicant should be quashed. +1 more

Ratio / Principle

Since the applicant did not press the quashing prayer and agreed to appear/surrender, it is directed that if the applicant appears/surrenders before the court below within four weeks and applies for bail, his bail application shall be considered and decided expeditiously, in accordance with settled law.

Key takeaways

For a period of four weeks from the date of the order, or until the applicant appears/surrenders before the court concerned (whichever is earlier), no coercive action shall be taken against the applicant.ratio¶¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.), September 16, 2025 — Application under Section 528 BNSS No. 35582 of 2025, Babu Lal v. State of U.P. and Another. Applicant sought quashing of the Non-Bailable Warrant and Section 82 Cr.P.C. proceedings dated 07.09.2024, and the entire proceedings of Case No.248 of 2005 (State Vs. Babu Lal and others), arising out of Case Crime No.292 of 2005 under Sections 323, 325, 504, 506 IPC, Police Station Hathras Junction, District Hathras, pending before the Additional Civil Judge (Junior Division)/ F.T.C.-Ist, Hathras. During argument, counsel for the applicant did not press the quashing prayer; the applicant agreed to appear before the trial Court and sought expeditious disposal of his bail application in accordance with the law laid down in Satendra Kumar Antil v. Central Bureau of Investigation, 2021 SCC Online SC 922. Directing accordingly, the Court disposed of the application: on the applicant's appearance/surrender within four weeks and application for bail, the bail application is to be considered and decided expeditiously in accordance with settled law; and for four weeks or till such appearance/surrender (whichever is earlier), no coercive action is to be taken against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35582 of 2025

Babu Lal

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Ram Neta Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Shri Ram Neta Singh, learned counsel for the applicant and Shri Uma Shankar Mishra, learned AGA for the State.

This application under Section 528 BNSS has been preferred for quashing of the Non-Bailable Warrant and proceeding U/s 82 Cr.P.C. dated 07.09.2024 as well as entire proceeding of Case No.248 of 2005 (State Vs. Babu Lal and others), arising out of Case Crime No.292 of 2005, under Sections 323, 325, 504, 506 of IPC, Police Station Hathras Junction, District Hathras, pending in the Court of learned Additional Civil Judge (Junior Division)/ F.T.C.-Ist, Hathras.

After arguing at some length, learned counsel for the applicant submits that the prayer made above is not being pressed and the applicant is willing to appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 .

In view of aforesaid, it is directed that in case, applicant appears/ surrenders before the court below within a period of four weeks from today and applies for bail, his bail application shall be considered and decided expeditiously, in accordance with settled law. For a period of four weeks from today or till applicant appears/ surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against applicant.

With the aforesaid observations, the application under Section 528 BNSS is disposed of.

September 16, 2025 RKM

(Jitendra Kumar Sinha,J.)

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