Nafis and 2 Others vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Nafis and 2 Others vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with direction to the court concerned: on the applicant's surrender within four weeks and bail application pursuant to NBW order dated 26.04.2023, bail to be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for four weeks; NBW to be executed without delay if the applicant fails to appear within the time fixed

Issue for consideration

Whether the entire proceedings of Criminal Case No.628/9 of 2017 (State vs. Nafis and Others), arising out of case crime no.289 of 2015 under Sections 376-D, 506 IPC, should be quashed

Court's answer

Application finally disposed of with a direction that if the applicant surrenders before the court concerned within four weeks and applies for bail in pursuance of the NBW order dated 26.04.2023, the bail application shall be considered and decided expeditiously in accordance with settled law

Ratio / Principle

Till four weeks from the date of the order, no coercive action shall be taken against the applicant in the present case

Key takeaways

If the applicant fails to appear or participate in the trial within the time fixed by the Court, the non-bailable warrant shall be executed against the applicant without delayratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.), Application U/S 482 No. 588 of 2024, Nafis & 2 Others v. State of U.P. and Another (decided as printed: May 12, 2026). Section 482 application seeking quashing of the entire proceedings of Criminal Case No.628/9 of 2017 (State vs. Nafis and Others), arising out of case crime no.289 of 2015, under Sections 376-D, 506 IPC, Police Station Chhapar, District Muzaffarnagar, pending before the Additional Chief Judicial Magistrate, Court no.1, Muzaffarnagar. Counsel for the applicants confined the prayer to a direction for expeditious consideration of bail upon surrender, to which the AGA had no objection. Held: application finally disposed of with a direction that if the applicant surrenders within four weeks and applies for bail in pursuance of the NBW order dated 26.04.2023, the same shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for four weeks; if the applicant fails to appear or participate in the trial within the time fixed, the non-bailable warrant shall be executed without delay. The quashing prayer was not adjudicated on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 588 of 2024

Nafis And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: :	Mohd. Naushad Siddiqui Bipin Kumar, G.A.

Court No. - 80

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicant and learned AGA.

The present application has been preferred for quashing the entire proceedings of the Criminal Case No.628/9 of 2017 (State vs. Nafis and Others), arising out of case crime no.289 of 2015, under Sections 376-D, 506 IPC, Police Station Chhapar, District Muzaffarnagar, pending in the court of Additional Chief Judicial Magistrate, Court no.1, Muzaffarnagar.

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 26.04.2023 the same may be considered and decided expeditiously in accordance with law to which learned AGA has no objection.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of four weeks from today and applies for bail in pursuance of NBW order dated 26.04.2023 the same shall be considered and decided expeditiously in accordance with settled law.

It is made clear that till four weeks from today, no coercive action shall be taken against the applicant herein in the present case. However, if the applicant fails to appear or participate in the trial proceeding within the

A482 No. 588 of 2024

2

time fixed by this Court, non bailable warrant shall be executed against the applicant without delay.

(Vivek Kumar Singh,J.)

May 12, 2026

Nitendra

Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad