Lakhami Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Lakhami Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants to surrender before the concerned Trial Court within one month; on surrender, bail application 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; applicants not to be arrested for one month or till surrender, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Case No.58212 of 2023 arising out of Case Crime No.691 of 2022 under Sections 323, 504, 506 and 325 I.P.C., the charge-sheet dated 31.08.2022 and the summoning order dated 18.11.2023 ought to be quashed (relief not pressed on merits). +1 more

Ratio / Principle

The applicants are directed to surrender before the concerned Trial Court within one month.

Key takeaways

In the event the applicants apply for bail after surrender, the Trial Court shall dispose of the bail application expeditiously in accordance with law, after hearing the informant and keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.ratio¶15
For one month from the date of the order or till the time of surrender, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶16

Detailed headnote1 paragraphs

Quashing application under S.528 BNSS — prayer to quash proceedings of Case No.58212 of 2023 (State Vs. Lakhami Singh & others) arising out of Case Crime No.691 of 2022 under Sections 323, 504, 506 and 325 I.P.C., P.S. Qwarsi, District Aligarh, charge-sheet dated 31.08.2022 and summoning order dated 18.11.2023 — relief not pressed on merits — alternative prayer for expeditious bail allowed — applicants directed to surrender before the Trial Court within one month; bail application to be decided expeditiously in accordance with law after hearing the informant, keeping in view Satender Kumar Antil v. CBI, (2021) 10 SCC 773 — interim protection: no arrest for one month or till surrender, whichever earlier — application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35154 of 2025

Lakhami Singh And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Devendra Kumar Singh, Satyawati
Counsel for Opposite Party(s)	: Radhey Shyam Tripathi, 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 applicants to quash entire proceeding of Case No.58212 of 2023 (State Vs. Lakhami Singh & others) arising out of Case Crime No.691 of 2022, under Sections 323, 504, 506 and 325 I.P.C., Police Station Qwarsi, District Aligarh as well as charge-sheet dated 31.08.2022 as well as summoning order dated 18.11.2023.

Learned counsel for the applicants stated that he is not pressing any other prayer made in this application on merits and prayed that, at the outset, a direction may be issued to the concerned Trial 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 Trial Court, 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 Trial 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 Trial Court in accordance with law,

NA528 No. 35154 of 2025

2

after hearing 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 trial court, whichever is earlier, 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.)

May 5, 2026

Amit

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