Mohit Saini Alias Anubhav Kumar Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Mohit Saini Alias Anubhav Kumar Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of with directions: applicant 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 vs. CBI, (2021) 10 SCC 773; no arrest of the applicant for one month or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 08.04.2023, the cognizance and summoning order dated 20.08.2025 and the proceedings of Criminal Case No. 25771 of 2023 should be quashed (prayer not pressed on merits) +1 more

Ratio / Principle

The applicant is directed to surrender before the concerned court within one month.

Key takeaways

If the applicant applies for bail, the bail application shall be disposed of expeditiously by the court in accordance with law, after hearing the informant, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.ratio¶14
For the period of one month from the date of the order or till the time of surrender of the applicant before the concerned court, whichever is earlier, the applicant shall not be arrested in the above case.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) — Application under Section 528 BNSS No. 37055 of 2025 by Mohit Saini @ Anubhav Kumar seeking quashing of charge-sheet dated 08.04.2023, cognizance and summoning order dated 20.08.2025 and entire proceedings of Criminal Case No. 25771 of 2023 (State Vs. Mohit Saini @ Anubhav Kumar), arising out of Case Crime No. 205 of 2023, under Sections 323, 504, 324 IPC, P.S. Majhola, District Moradabad, pending before A.C.J.M., Court No. IV, Moradabad: quashing prayer not pressed on merits; on the alternative prayer, applicant directed to surrender within one month, with direction that the bail application be disposed of 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; applicant not to be arrested for one month or till surrender, whichever is earlier. Application disposed of (May 5, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37055 of 2025

Mohit Saini Alias Anubhav Kumar

	Versus	.....Ap	plicant(s)
State of U.P. and Another		.....	Opposite Party(s)
Counsel for Applicant(s)	: Anurudh Kumar Kumar Prajapati	Prajapati,	Deepak
Counsel for Opposite Party(s)	: G.A.

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Heard learned counsel for the applicant 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 08.04.2023 and cognizance and summoning order dated 20.08.2025 as well as entire proceeding of Criminal Case No. 25771 of 2023 (State Vs. Mohit Saini @ Anubhav Kumar), arising out of Case Crime No. 205 of 2023, under Sections 323, 504, 324 IPC, P.S. Majhola, District Moradabad, pending in the court of learned A.C.J.M., Court No. IV, District Moradabad.

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 applicant expeditiously.

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

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court within one month from today and in

NA528 No. 37055 of 2025

2

case, he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court in accordance with law, 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 applicant before the concerned court, whichever is earlier, the applicant 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

Subham

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