Man Singh @ Anurag Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Man Singh @ Anurag Singh and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash the impugned orders refused for applicant nos. 2, 3 and 4; however, they were directed to receive expeditious consideration of bail (per Satender Kumar Antil, (2021) 10 SCC 773) if applied for within four weeks, with no coercive measures for 30 days or until such bail application, whichever is earlier. Applicant no. 1's prospective bail application to be decided expeditiously in accordance with law, and the trial court is free to proceed against him if he does not cooperate in the trial.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the impugned order dated 06.08.2025 in Criminal Revision No. 19 of 2024 and the summoning order dated 08.11.2023 in Complaint Case No. 13962 of 2023 (under Sections 307, 323, 504, 506 IPC) should be allowed.

Court's answer

On the material on record, at this stage it cannot be said that prima facie no offence is made out against applicant nos. 2, 3 and 4; the submissions at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 528 BNSS.

Ratio / Principle

The power under Section 528 BNSS may be exercised only in cases where there is failure of justice or misuse of judicial mechanism or procedure, or where a sentence or order was not correct, to prevent abuse of process and miscarriage of justice; therefore, no interference is required with the impugned orders.

Key takeaways

If applicant nos. 2, 3 and 4 apply for bail before the concerned court within four weeks, the bail application shall be considered and disposed of expeditiously in the light of the law laid down in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.ratio¶16
For 30 days from the date of the order, or until the bail application is filed, whichever is earlier, no coercive measures shall be taken against applicant nos. 2, 3 and 4.ratio¶17
As regards applicant no. 1, the application is disposed of with a direction that if he applies for bail under Sections 307, 323, 504, 506 IPC, the application shall be decided expeditiously in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of Application U/S 528 BNSS No. 39301 of 2025 (Man Singh @ Anurag Singh and 3 Others v. State of U.P. and Another) on October 17, 2025, refusing to quash the summoning order dated 08.11.2023 (Complaint Case No. 13962 of 2023, Sections 307, 323, 504, 506 IPC, P.S. Meeranpur Katra, District Shahjahanpur) and the revisional order dated 06.08.2025 (Criminal Revision No. 19 of 2024, Sessions Judge, Shahjahanpur). Holding that a prima facie offence could not be said to be absent and that the submissions raised disputed questions of fact not amenable to adjudication under Section 528 BNSS, the Court confined that power to preventing failure of justice or abuse of process. Safeguards granted: applicant nos. 2-4 to obtain expeditious bail consideration per Satender Kumar Antil v. CBI, (2021) 10 SCC 773 if applied for within four weeks, with a 30-day (or till bail application) bar on coercive measures; applicant no. 1's future bail application to be decided expeditiously, with liberty to the trial court to proceed on non-cooperation.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39301 of 2025

Man Singh @ Anurag Singh And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Mukti Nath Dwivedi
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

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

The present application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to allow this application and to quash/set aside the impugned order dated 06.08.2025 passed by learned Session Judge, Shahjahanpur in Criminal Revision No. 19 of 2024 (Man Singh @ Anurag Singh and others Vs. Nanhi Devi and another) as well as summoning order dated 08.11.2023 passed by Additional Civil Judge (Junior Division), Court No. 32, Shahjahanpur in Complaint Case No. 13962 of 2023, (Nanhi Devi Vs. Man Singh and others) under Sections 307, 323, 504, 506 IPC, Police Station Meeranpur Katra, District Shahjahanpur, pending in the Court of learned Civil Judge (Junior Division), Court No. 32, Shahjahanpur.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant nos. 2, 3 and 4. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under 528 section B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process and miscarriage of justice. Therefore, no interference is required.

Accordingly, prayer of the applicant nos. 2, 3 and 4 is refused .

NA528 No. 39301 of 2025

2

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicant nos. 2, 3 and 4 apply for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive measures shall be taken only against the applicant nos. 2, 3 and 4

With the above observations, this application under Section 528 B.N.S.S. is disposed of in terms of applicant nos. 2, 3 and 4.

So far as Applicant No. 1 is concerned, the present application is disposed of with a direction that in case the applicant moves an application for grant of bail before the court concerned under Sections 307, 323, 504, 506 IPC, the same may be decided expeditiously in accordance with law.

In case, the applicant no. 1 does not cooperate in the trial proceedings, the Court is free to proceed against him.

(Nand Prabha Shukla,J.)

October 17, 2025 Puspendra

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