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

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

What the court decided

AI extract

Outcome

Applicants directed to surrender before the concerned court within one month; bail application, if filed, to be disposed of expeditiously in accordance with law after hearing the informant, keeping in view Satender Kumar Antil v. CBI, (2021) 10 SCC 773; interim protection from arrest for one month or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 25.03.2023, the summoning order dated 22.04.2024 and the entire proceedings of Case No. 460 of 2024 (State Vs. Rajesh Kumar and another), arising out of Case Crime No. 75 of 2023, should be quashed. +1 more

Ratio / Principle

The applicants are directed to surrender before the concerned court within one month; if they apply for bail, the bail application shall be disposed of expeditiously in accordance with law after hearing the informant, keeping in view the guidelines in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.

Key takeaways

For one month from the date of the order or till the time of surrender before the concerned court, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶15
With the above observations and directions, the application under Section 528 BNSS is disposed of.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) — Application under Section 528 BNSS seeking quashing of charge-sheet dated 25.03.2023 and summoning order dated 22.04.2024, and the entire proceedings of Case No. 460 of 2024 (State Vs. Rajesh Kumar and another), arising out of Case Crime No. 75 of 2023, under Sections 323, 325, 504 IPC, Police Station Kerakat, District Jaunpur. Counsel for the applicants did not press the quashing prayer on merits and sought a direction for expeditious disposal of the applicants' bail application. Held: applicants to surrender before the concerned court within one month; bail application, if moved, to be decided expeditiously in accordance with law after hearing the informant, keeping in view the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773; interim protection — applicants not to be arrested for one month or till surrender, whichever is earlier. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32136 of 2025

Rajesh Kumar And Another

	Versus	...	..Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Sakshi Patel, Shiv	Naresh
Counsel for Opposite Party(s)	:	G.A.

Court No. - 83

HON'BLE SANJIV KUMAR, J.

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

This application under Section 528 BNSS has been filed by the applicant to quash charge-sheet dated 25.03.2023 and summoning order dated 22.04.2024 as well as entire proceeding of Case No. 460 of 2024 (State Vs. Rajesh Kumar and another), arising out of Case Crime No. 75 of 2023, under Sections 323, 325, 504 IPC, Police Station Kerakat, District Jaunpur, pending in the court of learned Judicial Magistrate-III, Jaunpur.

Learned counsel for the applicant stated that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned court to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court within one month from today and in case, they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the court in accordance with law, after hearing

NA528 No. 32136 of 2025

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the informant, 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) 10 SCC 773 .

For the period of one month from today or till the time of surrender of the applicants before the concerned court, whichever is earlier, the applicants shall not be arrested in the above case.

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

(Sanjiv Kumar,J.)

April 29, 2026 Subham

Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad