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

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

What the court decided

AI extract

Outcome

Principal quashing relief refused. As alternative relief: applicant to surrender before the court below within three weeks; NBW dated 29.10.2024 kept in abeyance for three weeks or till surrender, whichever is earlier; bail/NBW-recall application to be decided expeditiously by the courts below in accordance with law, keeping in view the Satender Kumar Antil (2021 SCC Online SC 922) guidelines.

Issue for consideration

Whether the N.B.W. order dated 29.10.2024, the proceedings under S. 82 Cr.P.C. and the summoning order dated 03.12.2019 passed in Complaint Case No. 1215 of 2019 ought to be quashed. +1 more

Court's answer

The principal relief sought in the application (quashing of the NBW dated 29.10.2024, the S. 82 Cr.P.C. proceedings and the summoning order dated 03.12.2019) was refused, the applicant having given up the challenge on merits.

Ratio / Principle

The applicant was directed to surrender before the concerned court below within three weeks from the date of the order.

Key takeaways

If the applicant applies for bail or for recall of the NBW, the courts below shall dispose of the bail application expeditiously in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil v. CBI, 2021 SCC Online SC 922.ratio¶16
The non-bailable warrant dated 29.10.2024 was kept in abeyance for three weeks from the date of the order or till the applicant surrenders before the court below, whichever is earlier.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) disposed of an application under S. 528 BNSS filed by Bikendra seeking quashing of the N.B.W. order dated 29.10.2024, the S. 82 Cr.P.C. proceedings and the summoning order dated 03.12.2019 passed by the Additional Chief Judicial Magistrate, Court No. 8, Varanasi in Complaint Case No. 1215 of 2019 (Ramashankar Vs. Patali and others) for offences under Sections 504, 323, 506, 427, 392 IPC, Police Station Jaitpura, District Varanasi. Counsel for the applicant gave up the quashing challenge and confined the prayer to protection for surrender; the principal relief was accordingly refused. By way of alternative relief, the Court directed the applicant to surrender within three weeks, kept the NBW in abeyance for that period or till surrender (whichever is earlier), and directed the courts below to decide any bail or NBW-recall application expeditiously in accordance with law, keeping in view the guidelines in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC Online SC 922.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45828 of 2025

Bikendra

.....Applicant(s)

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

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for applicant; learned A.G.A. for State and perused the record.

Present 528 B.N.S.S. application has been filed to quash the N.B.W. order dated 29.10.2024 as well as 82 Cr.P.C. proceeding and summoning order dated 03.12.2019 passed by the Additional Chief Judicial Magistrate, Court No. 8, Varanasi in Complaint Case No. 1215 of 2019 (Ramashankar Vs. Patali and others), u/s 504, 323, 506, 427, 392 I.P.C., Police Station Jaitpura, District Varanasi.

At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

Learned A.G.A. for the State submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

In view of the above, the relief as sought by the applicant in the instant

NA528 No. 45828 of 2025

2

application is refused.

However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail or recall for NBW, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as 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 applicant before the concerned Court below, whichever is earlier, nonbailable warrant dated 29.10.2024 shall be kept in abeyance.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

(Deepak Verma,J.)

November 26, 2025 Meenu Singh

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