Dismissed¶¶14

Prashant Gautam @ Munnu @ Jagnisha v. State of U.P. and Another

Allahabad HC14 Jan 2026NA528/50475/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed as withdrawn; NBW dated 19.04.2022 by ACJM Court No.7 Allahabad; Case No. 4829 of 1987; Case Crime No. 181 of 1987; Section 307 IPC; P.S. Atarsuiya; bail application within 30 days; interim protection from arrest; Aman Preet Singh Vs. CBI (2022) 13 SCC 764; Siddharth Vs. State of U.P. (2022) 1 SCC 676; Avnish Saxena, J.; Prashant Gautam @ Munnu @ Jagnisha; State of U.P.

What did the court decide?

Liberty to withdraw the Section 528 BNSS quashing application and move a bail application before the trial court within 30 days, with no arrest of the applicants during that interim period. ¶¶14

Prashant Gautam @ Munnu @ Jagnisha vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Section 528 BNSS quashing application and move a bail application before the trial court within 30 days, with no arrest of the applicants during that interim period.

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Issue for consideration

Whether the Non-Bailable Warrant dated 19.04.2022 issued by the Additional Chief Judicial Magistrate, Court No.7, Allahabad against the applicant should be quashed under Section 528 BNSS. +1 more

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Court's answer

The Section 528 BNSS application seeking quashing of the NBW is dismissed as withdrawn, with liberty to the applicant to seek bail before the trial court.

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Ratio / Principle

The applicants shall move the bail application in the aforesaid case crime number within 30 days from the date of the order, and shall not be arrested during that period.

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Key takeaways

The court concerned shall deal with the bail application strictly in accordance with the consistent observations of the Hon'ble Supreme Court, more particularly in Aman Preet Singh v. CBI, (2022) 13 SCC 764 and Siddharth v. State of U.P., (2022) 1 SCC 676, considering the requirement of sending the accused to jail when he/she is either enlarged on bail during the investigation or has never been arrested during that period.ratio¶¶15
Certified copies of the relevant documents shall be provided to the applicant on production of photostat copies thereof.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 50475 of 2025, decided April 2, 2026 — Application to quash Non-Bailable Warrant dated 19.04.2022 issued by Additional Chief Judicial Magistrate, Court No.7, Allahabad, in Case No. 4829 of 1987 (State Vs. Manoj Chadda and others) arising out of Case Crime No. 181 of 1987, under Section 307 IPC, P.S. Atarsuiya, District Allahabad — dismissed as withdrawn with liberty to move bail before the trial court; applicants to file bail application within 30 days and not to be arrested meanwhile; court concerned to decide bail strictly in accordance with Supreme Court observations in Aman Preet Singh Vs. CBI, (2022) 13 SCC 764 and Siddharth Vs. State of U.P., (2022) 1 SCC 676 on custodial requirements for accused enlarged on bail during investigation or never arrested; certified copies on production of photostats.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 50475 of 2025

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Prashant Gautam @ Munnu @ Jagnisha

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.....Applicant(s)

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Versus

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State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Devendra Mani Tripathi
Counsel for Opposite Party(s)	: G.A.

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Court No. - 79

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HON'BLE AVNISH SAXENA, J.

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Heard Sri Arunesh Datta, learned counsel holding the brief appeared for the accused/applicant and learned A.G.A. for the State.

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The instant application under Section 528 BNSS has been moved by the applicant to quash the Non-bailable Warrant dated 19.04.2022 issued by the Additional Chief Judicial Magistrate, Court No.7, Allahabad against the applicant in Case No. 4829 of 1987 (State Vs. Manoj Chadda and others) arising out of Case Crime No. 181 of 1987, under Section 307 IPC, P.S. Atarsuiya, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court no.7, Allahabad.

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Learned counsel for the accused/ applicant seeks to withdraw the application to move the bail application before the trial court, but seeks protection of liberty till the disposal of bail application.

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The application is dismissed as withdrawn with the aforesaid liberty.

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The applicants shall move the application for bail in the aforesaid case crime number mentioned above, within a period of 30 days from the date of this order, during which period, the applicants shall not be arrested.

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The court concerned shall deal with the application strictly in accordance with the observation made by the Hon'ble the Supreme Court consistently, more particularly, in the cases of Aman Preet Singh Vs. CBI, (2022) 13 SCC 764 and Siddharth Vs. State of U.P., (2022) 1 SCC 676 , considering the requirement of sending the accused to jail, when he/she is either enlarged on bail during the investigation or has never been

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NA528 No. 50475 of 2025

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arrested during that period.

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