Jay Shanker and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Jay Shanker and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants to appear/surrender before the court below within two weeks and apply for bail; on such appearance the bail application to be considered and disposed of in view of Satender Kumar Antil v. CBI, (2021) 10 SCC 773, after hearing the parties; till the two-week period or surrender, whichever is earlier, no coercive steps against the applicants.

Issue for consideration

Whether the cognizance order dated 18.1.2025 and the entire proceedings of Case No.1297 of 2025 (State vs. Jay Shankar and another), arising out of Case Crime No.822 of 2024 under Sections 115(2), 352 and 351(2) BNS, should be quashed. +1 more

Court's answer

With the aforesaid observations the application was finally disposed of; the disposal paragraph describes it as an application under Section 482 Cr.P.C. though it was filed under Section 528 B.N.S.S., and the prayer to quash the cognizance order was not adjudicated, the other prayers having been given up.

Ratio / Principle

If the applicants appear before the court below within two weeks and apply for bail, the bail application shall be considered and disposed of in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, after hearing the parties.

Key takeaways

Till the period of two weeks or till surrender before the Court, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Chawan Prakash, J.) — Application under Section 528 B.N.S.S. (disposal paragraph refers to Section 482 Cr.P.C.) by Jay Shanker and another seeking quashing of the cognizance order dated 18.1.2025 and the entire proceedings of Case No.1297 of 2025 (State vs. Jay Shankar and another), arising out of Case Crime No.822 of 2024 under Sections 115(2), 352 and 351(2) BNS, Police Station Civil Lines, District Moradabad. Counsel for the applicants, on instructions, did not press the other prayers and stated the applicants were ready to surrender before the court below within two weeks and seek bail. Held: (i) on the applicants appearing before the court below within two weeks and applying for bail, the bail application shall be considered and disposed of in view of Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, after hearing the parties; (ii) till that period or surrender, whichever is earlier, no coercive steps shall be taken against the applicants. Application finally disposed of. Decided May 12, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2622 of 2026

Jay Shanker And Another

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

Court No. - 79

HON'BLE CHAWAN PRAKASH, J.

Heard Sri Ashutosh, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 528 B.N.S.S. has been filed by the applicants with the prayer to quash the cognizance order dated 18.1.2025 as well as entire proceeding of Case No.1297 of 2025 (State vs. Jay Shankar and another) arising out of Case Crime No.822 of 2024, under Sections 115(2), 352 and 351(2) BNS, Police Station Civil Lines, DistrictMoradabad.

After some argument, learned counsel for the applicant has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicants are ready to surrender before the court below within two weeks in the matter and seek his bail and that his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 .

Learned AGA states that he has no objection to the aforesaid prayer made by the counsel for the applicant for not pressing the other prayers made in the instant application.

In view of the above, in case the applicant appear before the court below within two weeks and applies for bail, his bail application be

NA528 No. 2622 of 2026

2

considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.

Till the aforesaid period of two weeks' or till surrender before Court, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case.

With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of .

(Chawan Prakash,J.)

May 12, 2026 Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad