Disposed¶17

Pragati Patel Alias Gudiya Alias Sulochana and Another v. State of U.P. and Another

Allahabad HC19 Mar 2026NA528/3539/2026

Case brief

AI extract

What is this about?

S.528 BNSS quashing application (No. 3539 of 2026, Allahabad HC) not pressed on merits; applicants in CC No. 413 of 2025 (ss.115(2), 352, 351(2), 110 BNS 2023, PS Holagarh, Prayagraj) permitted to surrender; trial court to consider bail application per Satender Kumar Antil (2021) 10 SCC 773 upon appearance within 30 days; application disposed of (Praveen Kumar Giri, J., 19.03.2026).

What did the court decide?

Application disposed of with directions: applicants at liberty to surrender and file a bail application; if they appear before the trial court within 30 days, the trial court shall consider the bail application in accordance with law and Satender Kumar Antil (2021) 10 SCC 773; thereafter the trial court is free to proceed in accordance with law. Quashing prayer not pressed and not granted. ¶17

Pragati Patel Alias Gudiya Alias Sulochana and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 413 of 2025, the cognizance/summoning order dated 01.09.2025 and the Charge Sheet dated 30.03.2025 arising out of Case Crime No. 34 of 2025 should be quashed (prayer not pressed on merits). +1 more

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Ratio / Principle

If a bail application is filed by the applicants, the trial court shall consider it in accordance with law as well as the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.

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Key takeaways

The direction operates only if the applicants appear before the trial court within 30 days; after that, the trial court shall be free to initiate proceedings in accordance with law.ratio¶16
The Court proceeded on the basis that the applicants want to surrender before the trial court and that the offences levelled against them are punishable only up to 7 years.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.) disposed of an application under Section 528 BNSS (No. 3539 of 2026) in which the applicants, arraigned in Criminal Case No. 413 of 2025 arising out of Case Crime No. 34 of 2025 (Police Station Holagarh, District Prayagraj) under Sections 115(2), 352, 351(2) and 110 BNS 2023, had sought quashing of the entire proceedings, the cognizance/summoning order dated 01.09.2025 and the Charge Sheet dated 30.03.2025. Learned counsel did not press the application on merits; the applicants sought liberty to surrender before the trial court, the offences being punishable with imprisonment up to seven years. The learned A.G.A. raised no objection to the trial court deciding regular bail in terms of Satender Kumar Antil v. CBI, (2021) 10 SCC 773. The Court directed that if the applicants appear before the trial court within 30 days and file a bail application, it shall be considered in accordance with law and the said Supreme Court decision; thereafter the trial court is free to initiate proceedings in accordance with law.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 3539 of 2026

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Pragati Patel Alias Gudiya Alias Sulochana And Another

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

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Court No. - 77

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Shri Pradeep Kumar Tiwari, learned counsel for the applicants submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the application is delineated below:-

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"It is therefore, Most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Criminal Case No. 413 of 2025 (State Vs. Pragati alias Gudiya and another) as well as cognizance/ summoning order dated 01.09.2025 and Charge Sheet dated 30.03.2025 arising out of Case Crime No. 34 of 2025 under section 115(2), 352, 351(2), 110 BNS 2023 Police station Holagarh, District Prayagraj pending in the court of Judicial Magistrate-III, Allahabad.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Criminal Case No. 413 of 2025 (State Vs. Pragati alias Gudiya and another) arising out of Case Crime No. 34 of 2025 under section 115(2), 352, 351(2), 110 BNS 2023 Police station Holagarh, District Prayagraj pending in the court of Judicial MagistrateIII, Allahabad, Otherwise applicants shall suffer irreparable loss and injury."

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Learned counsel for applicants submits that he does not want to press

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NA528 No. 3539 of 2026

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this application on merits and he further submits that the applicants want to surrender before the trial court as the offences levelled against them are punishable only upto 7 years and liberty may be given to the applicants to file a bail application before the court of competent jurisdiction.

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Learned A.G.A. submits that he has no objection if the trial court is directed to decide the application for regular bail of the applicants in terms of decision of the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another; (2021) 10 SCC 773 .

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Considering the submission of learned counsel for the applicants that applicants want to surrender before the court for obtaining bail and offences levelled against them are punishable only upto 7 years, this Court directs that if the bail application is filed by the applicants, the trial court shall consider their bail application in accordance with law as well as the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; (2021) 10 SCC 773 , in case applicants appear before the trial court within 30 days from today. After that, the trial court shall be free to initiate proceedings in accordance with law.

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With the aforesaid directions, the application is disposed of .

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(Praveen Kumar Giri,J.)

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March 19, 2026 K.Tiwari

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Pragati Patel Alias Gudiya Alias Sulochana and Another v. State of U.P. and Another

Case brief

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Pragati Patel Alias Gudiya Alias Sulochana and Another v. State of U.P. and Another

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