Disposed¶15

Gaurav Rai v. State of U.P. and Another

Allahabad HC20 Apr 2026NA528/15795/2026

Case brief

AI extract

What is this about?

S.528 BNSS quashing application; S.138 NI Act complaint; summoning order dated 01.01.2020; NBW dated 11.03.2026 kept in abeyance; surrender within three weeks; expeditious bail disposal; Satender Kumar Antil guidelines; Complaint Case No.3709 of 2019; CJM Mainpuri; relief refused as not pressed; Allahabad High Court; Deepak Verma, J.

What did the court decide?

Main relief of quashing refused. Applicant directed to surrender before the court below within three weeks; N.B.W. dated 11.03.2026 kept in abeyance for three weeks or till surrender, whichever is earlier; bail application, if filed, to be decided expeditiously by the courts below in accordance with law and in view of the Satender Kumar Antil guidelines. ¶15

Gaurav Rai vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the summoning order dated 01.01.2020, the N.B.W. order dated 11.03.2026 and the entire proceedings of Complaint Case No.3709 of 2019 under Section 138 N.I.Act pending before the Chief Judicial Magistrate, Mainpuri ought to be quashed. +1 more

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Court's answer

The relief sought in the application (quashing of the summoning order, the N.B.W. and the criminal proceedings) is refused, the applicant's counsel having given up that challenge and not pressed any other prayer on merits.

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Ratio / Principle

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

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Key takeaways

If the applicant applies for bail after surrender, the bail application shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.ratio¶13
The non-bailable warrant dated 11.03.2026 shall remain in abeyance for three weeks from the date of the order or until the applicant surrenders before the concerned court below, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.; April 20, 2026) — Application under S.528 BNSS No.15795 of 2026, Gaurav Rai v. State of U.P. and another: quashing sought of summoning order dated 01.01.2020, N.B.W. dated 11.03.2026 and entire proceedings of Complaint Case No.3709 of 2019 (Ashok Singh Chauhan vs. Gaurav Rai Gupta) under S.138 N.I.Act pending before the CJM, Mainpuri. Counsel for the applicant gave up the challenge to the N.B.W. and criminal proceedings and did not press the quashing prayer on merits, confining himself to a request for protection to surrender and expeditious disposal of bail, to which the State raised no objection. Held: (i) main relief refused; (ii) applicant to surrender within three weeks; (iii) N.B.W. kept in abeyance for three weeks or till surrender, whichever is earlier; (iv) bail application, if moved, to be decided expeditiously in accordance with law keeping in view Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922. Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15795 of 2026

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Gaurav Rai

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

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel appearing for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 528 B.N.S.S. has been filed by the applicant to quash the impugned summoning order dated 01.01.2020 passed by the Chief Judicial Magistrate, Mainpuri and N.B.W. order dated 11.03.2026 issued by learned Chief Judicial Magistrate, Mainpuri as well as entire proceedings of Complaint Case No.3709 of 2019 (Ashok Singh Chauhan vs. Gaurav Rai Gupta), under Section 138 N.I.Act, P.S. Kotwali, District Mainpuri pending in the court of Chief Judicial Magistrate, Mainpuri.

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At the outset learned counsel for the applicant gave up his challenge to the 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.

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Learned A.G.A. for the State of U.P. 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.

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NA528 No. 15795 of 2026

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In view of the above, the relief as sought by the applicant in the instant application is refused.

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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, 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.

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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 11.03.2026 shall be kept in abeyance.

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

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April 20, 2026 SKD

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(Deepak Verma,J.)

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Gaurav Rai v. State of U.P. and Another

Case brief

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Gaurav Rai v. State of U.P. and Another

Case brief

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