Hukum Singh and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Hukum Singh and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Principal relief of quashing refused (not pressed on merits). Alternative prayer allowed: applicants to surrender before the court below within three weeks; bail application, if made, to be decided expeditiously in accordance with Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922); no coercive action for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the summoning order dated 11.09.2025 and the entire proceedings in Special Session Trial No.67 of 2025 (arising out of Case Crime No.86 of 2025) should be quashed. +1 more

Court's answer

The principal relief of quashing the summoning order and the entire proceedings, not pressed on merits, is refused.

Ratio / Principle

Applicants shall surrender before the concerned court below within three weeks; 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 three weeks from the date of the order or until surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶16
With the aforesaid directions, the application under Section 528 B.N.S.S. stands disposed of.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) — Application under Section 528 BNSS seeking quashing of summoning order dated 11.09.2025 and entire proceedings in Special Session Trial No.67 of 2025 (arising out of Case Crime No.86 of 2025, Sections 115(2), 351(3), 352, 117(2) B.N.S. & Section 3(2) (5A) of SC/ST Act, P.S. Gohan, District Jalaun, pending before Special Judge (SC/ST) Act, Jalaun at Orai): counsel for applicants did not press the quashing relief on merits and sought only a direction for expeditious disposal of their bail application; the relief as sought was refused. Applicants directed to surrender before the court below within three weeks; on such surrender/application, bail to be decided expeditiously in accordance with Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; interim protection granted — no coercive action for three weeks or till surrender, whichever is earlier. Application disposed of (November 25, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40762 of 2025

Hukum Singh And 3 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Tarun Jha
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 11.09.2025 as well as entire proceeding in Special Session Trial No.67 of 2025 arising out of Case Crime No.86 of 2025, under Sections 115(2), 351(3), 352, 117(2) B.N.S. & Section 3(2) (5A) of SC/ST Act P.S.Gohan, District Jalaun, pending in the Court of Special Judge (SC/ST) Act, Jalaun at Orai.

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 Kumar Antil Vs. Central Bureau of Investigation and another, reported

NA528 No. 40762 of 2025

2

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.

November 25, 2025 SKD

(Deepak Verma,J.)

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