Ram Surat Yadav and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ram Surat Yadav and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; applicants directed to surrender within three weeks, with any bail application to be decided expeditiously by the courts below per Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922), and protection from coercive action until surrender or expiry of three weeks, whichever is earlier.

Issue for consideration

Whether the entire proceedings, charge sheet dated 4.5.2025 and summoning order dated 2.8.2025 in Criminal Case No.33220 of 2025 arising out of Case Crime No.81 of 2025 (Ss. 115(2), 352, 351(2), 117(2) B.N.S.) should be quashed under Section 528 BNSS. +1 more

Court's answer

Since the applicants did not press the quashing relief on merit, the relief sought through the application is refused.

Ratio / Principle

Applicants are directed to surrender before the court below within three weeks from the date of the order, and any bail application they file shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation, 2021 SCC OnLine SC 922.

Key takeaways

For three weeks from the date of the order, or until the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.; November 18, 2025) disposed of APPLICATION U/S 528 BNSS No. 45464 of 2025, Ram Surat Yadav and 3 Others v. State of U.P. and Another, wherein quashing of the entire proceedings, charge sheet dated 4.5.2025 and summoning order dated 2.8.2025 in Criminal Case No.33220 of 2025 (arising out of Case Crime No.81 of 2025, Ss. 115(2), 352, 351(2), 117(2) B.N.S., P.S. Rani Ki Sarai, District Azamgarh) was sought. Counsel for the applicants did not press the quashing relief on merit and sought only a direction for expeditious disposal of their bail application; the quashing relief was accordingly refused. The applicants were directed to surrender before the court below within three weeks; upon surrender and application for bail, the courts below were to decide the bail application expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922. No coercive action was to be taken against the applicants during the interim period (three weeks or until surrender, whichever earlier).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45464 of 2025

Ram Surat Yadav And 3 Others

.....Applicant(s) Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Janardan Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard Sri Brijesh Kumar Yadav, holding brief of Sri Janardan Yadav, learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings as well as Charge sheet dated 4.5.2025 alongwith summoning order dated 2.8.2025 of Criminal Case No.33220 of 2025 (State of U.P. Vs. Ram Surat and others) arising out of Case Crime No.81 of 2025, U/S 115(2), 352, 351(2), 117(2) B.N.S., P.S. Rani Ki Sarai, District Azamgarh pending in the court of Civil Judge (Senior Division) F.T.C./Additional Chief Judicial Magistrate, Azamgarh.

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

NA528 No. 45464 of 2025

2

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 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 BNSS stands disposed of.

(Deepak Verma,J.)

November 18, 2025

Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad