Sarafat Khan v. State of U.P. and Another

Allahabad HC10 Nov 2025NA528/43773/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing application disposed; chargesheet dated 28.09.2015; cognizance/summoning order; NBW order 13.12.2017; surrender within three weeks; expeditious bail consideration; no coercive action; Sessions Case No. 32 of 2016; Case Crime No.0600 of 2015; P.S. Goverdhan, Mathura; Additional Sessions Judge Court no.9 Mathura; Allahabad High Court; Vivek Kumar Singh, J.; November 10, 2025.

What did the court decide?

Application disposed of with direction that if the applicant surrenders within three weeks and applies for bail pursuant to the NBW order dated 13.12.2017, the bail application shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for three weeks. ¶¶11

Sarafat Khan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the chargesheet, cognizance/summoning order, NBW order dated 13.12.2017 and the proceedings of Sessions Case No. 32 of 2016 should be disposed of with a direction for expeditious consideration of bail upon the applicant's surrender, rather than being decided on merits.

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Court's answer

The application is finally disposed of with a direction to the court concerned that if the applicant surrenders before it within three weeks and applies for bail in pursuance of the NBW order dated 13.12.2017, the bail application shall be considered and decided expeditiously in accordance with settled law.

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Ratio / Principle

Upon such surrender and bail application, the same shall be considered and decided expeditiously in accordance with settled law.

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Key takeaways

Till three weeks from the date of the order, no coercive action shall be taken against the applicant in the present case.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) disposed of an application under Section 528 BNSS (No. 43773 of 2025) filed by Sarafat Khan seeking quashing of the chargesheet dated 28.09.2015, cognizance/summoning order dated 05.02.2016 (printed as 05.02.20216), NBW order dated 13.12.2017 and the entire proceedings of Sessions Case No. 32 of 2016 (State vs. Sarafat Khan), arising out of Case Crime No.0600 of 2015, P.S. Goverdhan, District Mathura. Counsel for the applicant confined the prayer to a direction for expeditious bail consideration upon surrender, to which the AGA had no objection. The Court directed that if the applicant surrenders within three weeks and applies for bail in pursuance of the NBW order dated 13.12.2017, the same shall be considered and decided expeditiously in accordance with settled law, and clarified that no coercive action shall be taken against the applicant till three weeks from the date of the order.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 43773 of 2025

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Sarafat Khan

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.....Applicant(s)

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	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Abhishek Kumar Shukla, Kushwaha	Amit Kumar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 78

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HON'BLE VIVEK KUMAR SINGH, J.

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

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The present application has been preferred for seeking quashing of the chargesheet dated 28.09.2015 and cognizance/summoning order dated 05.02.20216 as well as NBW order 13.12.2017 as well as entire proceedings of Sessions Case No. 32 of 2016 (State vs. Sarafat Khan), arising out of Case Crime No.0600 of 2015, Police Station Goverdhan, District Mathura, pending in the court of Learned Additional Sessions Judge, Court no.9, Mathura.

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After arguing at some length, learned counsel for applicant confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrender before it and applies for bail in pursuance of NBW order dated 13.12.2017, the same may be considered and decided expeditiously in accordance with law to which learned AGA has no objection.

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In view of the aforesaid, the instant application is finally disposed off with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail in pursuance of NBW order dated 13.12.2017, the same shall be considered and decided expeditiously in accordance with settled law.

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NA528 No. 43773 of 2025

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