Saurabh Sonkar and Another Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Saurabh Sonkar and Another Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with a direction that the applicants may surrender before the court concerned within 15 days and apply for bail; if there is no other legal impediment, the bail application shall be considered and decided expeditiously in accordance with Satender Kumar Antil (2022 SCC OnLine SC 825); no coercive action against the applicants till 15 days from the date of the order.

Issue for consideration

Whether the charge sheet dated 9.12.2019, the cognizance/summoning order dated 3.3.2023 and the entire proceedings of Case No. 14315 of 2023 (arising out of Case Crime No. 369 of 2019) are liable to be quashed in the application under Section 528 BNSS.

Court's answer

On perusal of the narration of the FIR, the impugned order and the charge sheet, no case for interference was made out; no ground was available in the application on the basis of which the impugned order and charge sheet could be set aside.

Ratio / Principle

The prayer sought through the instant application was refused.

Key takeaways

The application was disposed of with a direction that if the applicants surrender before the court concerned within 15 days and apply for bail, and there is no other legal impediment, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).ratio¶12
Till 15 days from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Criminal quashing — Application under Section 528 BNSS seeking quashing of charge sheet dated 9.12.2019 along with cognizance/summoning order dated 3.3.2023 and entire proceedings of Case No. 14315 of 2023 (State v. Saurabh Sonkar and another), arising out of Case Crime No. 369 of 2019, under Sections 323, 504 and 325 IPC, P.S. Badhalganj, District Gorakhpur — Held, on perusal of the narration of the FIR, the impugned order and the charge sheet, no ground for interference was made out; prayer refused — Application disposed of with direction that if the applicants surrender within 15 days and apply for bail, the bail application shall be considered and decided expeditiously in accordance with Satender Kumar Antil v. CBI, (2022 SCC OnLine SC 825) — No coercive action against the applicants till 15 days from the date of the order (Saurabh Srivastava, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41625 of 2025

Saurabh Sonkar And Another

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Ranu Tiwari, Vinay	Kumar Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for parties.

This present application has been filed for seeking quashing of charge sheet dated 9.12.2019 along with cognizance/summoning order dated 3.3.2023 and entire proceeding of Case No. 14315 of 2023 (State Vs. Saurabh Sonkar and another), arising out of Case Crime No. 369 of 2019, under Sections 323, 504 and 325 IPC, P.S. Badhalganj, District Gorakhpur.

On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of 15 days from today and apply for bail and if there is no other legal impediment before court concerned, their bail application shall be considered and decided expeditiously in

NA528 No. 41625 of 2025

2

accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).

However, it is made clear that till 15 days from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.

(Saurabh Srivastava,J.)

March 19, 2026

Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad