Bala Bhagwan Singh and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Bala Bhagwan Singh and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Main relief (quashing of summoning order) refused as not pressed; alternative prayer allowed — applicants to surrender within three weeks, bail application if filed to be decided expeditiously per Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922), and no coercive action for three weeks or till surrender, whichever is earlier; application disposed of with these directions.

Issue for consideration

Whether the summoning order dated 14.05.2025 passed by the Special Judge SC/ST Act, Varanasi in Session Case No.407 of 2025 ought to be quashed under Section 528 BNSS. +1 more

Court's answer

The principal relief sought in the application (quashing of the summoning order) was not pressed on merit and is accordingly refused.

Ratio / Principle

The applicants are directed to surrender before the concerned court below within three weeks, and if 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. Central Bureau of Investigation, 2021 SCC OnLine SC 922.

Key takeaways

For a period of three weeks, or until the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶16

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Deepak Verma, J.) — Application under Section 528 BNSS No. 40054 of 2025 seeking quashing of the summoning order dated 14.05.2025 passed by the Special Judge SC/ST Act, Varanasi in Session Case No.407 of 2025, arising out of Case Crime No.321 of 2024, P.S. Rohaniya, District Varanasi, under Sections 115(2), 352 B.N.S. 2023 and Sections 3(1)(r), 3(1)(s) and 3(2) Va, S.C./S.T. Act. Counsel did not press the quashing relief on merit; it was refused. On the alternative prayer, the Court directed the applicants to surrender before the court below within three weeks and directed expeditious disposal of any bail application in accordance with Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; no coercive action was to be taken for three weeks or till surrender, whichever earlier. Application disposed of on October 15, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40054 of 2025

Bala Bhagwan Singh And Another

		.....Applicant(s)
	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Dhirendra Kumar Srivastava
Counsel for Opposite Party(s)	:	G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants 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 summoning order dated 14.05.2025 passed by the Special Judge SC/ST Act, Varanasi in Session Case No.407 of 2025 (State vs. Bala Bhagwan Singh and another), arising out of Case Crime No.321 of 2024, under Sections 115(2), 352 B.N.S. 2023, & Section 3(1)(r), 3(1)(s) and 3(2) Va of S.C./S.T. Act, P.S. Rohaniya District Varanasi, pending in the court of Special Judge SC/ST Act,Varanasi.

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 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

NA528 No. 40054 of 2025

2

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 15, 2025 SKD

(Deepak Verma,J.)

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