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

Vinod Kumar 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; application disposed of with directions: a bail application filed within 30 days to be considered and disposed of expeditiously in the light of law laid down in Satender Kumar Antil (2021) 10 SCC 773, and no coercive action against the applicants for 30 days or until such bail application is filed, whichever is earlier.

Issue for consideration

Whether the application under Section 528 B.N.S.S. seeking to quash the impugned order dated 06.08.2025 passed by the Civil Judge (Junior Division) F.T.C.-3rd, Ballia in Misc. Case No. 3646 of 2022 should be allowed. +1 more

Court's answer

At this stage it cannot be said that prima facie no offence is made out against the applicants; all submissions at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 528 B.N.S.S.; accordingly, no interference with the impugned order is required.

Ratio / Principle

The power under Section 528 B.N.S.S. may be exercised only in cases where the Court finds failure of justice, misuse of judicial mechanism or procedure, or that the sentence or order was not correct, to prevent abuse of process or miscarriage of justice.

Key takeaways

If the applicants apply for bail before the concerned court within 30 days, the bail application shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio¶14
For a period of 30 days from the date of the order, or until a bail application is filed before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Misc. Case No. 3646 of 2022.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nand Prabha Shukla, J.), Application U/S 528 BNSS No. 47740 of 2025, Vinod Kumar And 3 Others v. State of U.P. and Another, decided December 2, 2025: the prayer to quash the order dated 06.08.2025 of the Civil Judge (Junior Division) F.T.C.-3rd, Ballia in Misc. Case No. 3646 of 2022 (Sections 323, 504, 506, 354, 452 IPC, Police Station-Sukhpura, District-Ballia) was refused, as prima facie an offence is made out and the submissions raised only disputed questions of fact not adjudicable under Section 528 B.N.S.S., a power reserved for cases of failure of justice or misuse of judicial mechanism/procedure. The application was disposed of with interim directions: a bail application filed within 30 days shall be considered and disposed of expeditiously in the light of law laid down in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, and no coercive action shall be taken against the applicants for 30 days or until a bail application is filed, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47740 of 2025

Vinod Kumar And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Anwar Ali
Counsel for Opposite Party(s)		: G.A.
Court No.- 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Gyanendra Kumar Singh, holding brief of Mr. Anwar Ali, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been preferred to allow this application and quash the impugned order dated 06.08.2025 passed by Civil Judge (Junior Division) F.T.C.-3rd, Ballia (Pintoo Kumar Gupta Vs. Vinod Kumar Gupta and others) in Misc. Case No. 3646 of 2022 under Sections 323, 504, 506, 354, 452 IPC, Police Station-Sukhpura, District-Ballia, pending in the Court of Civil Judge (Junior Division) F.T.C.3rd, Ballia.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.

Accordingly, prayer of the applicants is refused.

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned

NA528 No. 47740 of 2025

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court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Misc. Case No. 3646 of 2022 under Sections 323, 504, 506, 354, 452 IPC, Police Station-Sukhpura, District-Ballia.

With the above observations, this application under Section 528 B.N.S.S. is disposed of .

December 2, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad