Arun Kumar Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Arun Kumar Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Prayer to quash the summoning order dated 03.01.2025 and the criminal proceedings refused; application disposed of with directions that (i) any bail application filed within 30 days be considered and disposed of expeditiously in light of Satender Kumar Antil, (2021) 10 SCC 773, and (ii) no coercive measures be taken against the applicant for 30 days or till such bail application, whichever is earlier.

Issue for consideration

Whether the summoning order dated 03.01.2025 and the entire criminal proceedings of Case No. 09 of 2025, arising out of Case Crime No. 172 of 2024, pending before the A.C.J.M., Court No. 3, Bareilly, should be quashed under Section 528 BNSS.

Court's answer

On the material on record it cannot be said at this stage that prima facie no offence is made out against the applicant; the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated by the High Court under Section 528 BNSS.

Ratio / Principle

The power under Section 528 BNSS may be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure, i.e., to prevent abuse of process or miscarriage of justice; accordingly, no interference was required and the prayer of the applicants was refused.

Key takeaways

If the applicant applies 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¶13
For a period of 30 days from the date of the order, or till the time of applying for bail before the court concerned, whichever is earlier, no coercive measures shall be taken against the applicant.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.; decision dated March 25, 2026) disposed of Application U/S 528 BNSS No. 11519 of 2026 (Arun Kumar v. State of U.P. and Another) seeking quashing of the summoning order dated 03.01.2025 and the entire criminal proceedings of Case No. 09 of 2025, arising out of Case Crime No. 172 of 2024 under Sections 498-A, 323, 506 IPC and 3/4 DP Act, Police Station Hafizganj, District Bareilly, pending before the A.C.J.M., Court No. 3, Bareilly. Holding that on the material on record it could not be said that prima facie no offence was made out, and that the submissions related to disputed questions of fact not adjudicable under Section 528 BNSS — a power exercisable only where there is failure of justice or misuse of judicial mechanism or procedure, to prevent abuse of process or miscarriage of justice — the Court refused the prayer. However, it directed that if the applicant applies for bail within 30 days, the application be considered and disposed of expeditiously in light of Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, and that no coercive measures be taken against the applicant for 30 days or until such bail application is filed, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 11519 of 2026

Arun Kumar

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Anoop Kumar, Dileep Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application under Section 528 B.N.S.S. has been filed with a prayer to quash the impugned summoning order dated 03.01.2025 as well as entire criminal proceedings of Case No. 09 of 2025 arising out of Case Crime No. 172 of 2024 under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station-Hafizganj, District-Bareilly pending in the court of leaned A.C.J.M. Court No. 3, Bareilly.

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 applicant. 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 BNSS. 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 applicant, it is directed that in case the applicant applies for bail before the concerned 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

NA528 No. 11519 of 2026

2

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 measures shall be taken against the applicant.

With the above observations, this application under Section 528 BNSS is disposed of.

March 25, 2026 SY

(Nand Prabha Shukla,J.)

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad