Gufran and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Gufran and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash the chargesheet, cognizance/summoning order and entire proceedings refused; applicants granted liberty to surrender and apply for bail within three weeks, with a direction that the bail application be decided expeditiously in accordance with law, and protection from coercive action for three weeks.

Issue for consideration

Whether the chargesheet dated 24.08.2025, the cognizance/summoning order dated 12.11.2025 and the entire proceedings of Criminal Case No.3206 of 2025 ought to be quashed.

Court's answer

On perusal of the narration of FIR, the impugned order and the chargesheet, no ground for interference is made out; the impugned order, chargesheet and entire proceedings of the case cannot be set aside.

Ratio / Principle

Direction issued that if the applicants surrender before the court concerned within three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law.

Key takeaways

Till three weeks from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), by order dated March 18, 2026, disposed of an application under Section 528 BNSS filed by Gufran and 2 others seeking quashing of a chargesheet dated 24.08.2025, cognizance/summoning order dated 12.11.2025 and the entire proceedings of Criminal Case No.3206 of 2025 (State Vs. Wahar Miyan and others), arising out of Case Crime No.66 of 2025, P.S. Sunngarhi, District Kasganj, under Sections 191(2), 192(3), 190, 109(1), 125, 115(2), 352, 351(3) BNS, pending before the Additional Chief Judicial Magistrate, Kasganj. On perusal of the FIR narration, the impugned order and the chargesheet, the Court found no ground warranting interference and refused the quashing prayer. However, it directed that if the applicants surrendered within three weeks and applied for bail, the bail application be considered and decided expeditiously in accordance with law, and that no coercive action be taken against them till three weeks from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5534 of 2026

Gufran And 2 Others	.....Applicant(s)
Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Mohd. Kamar Shah Alam
Counsel for Opposite Party(s) :	G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned AGA appearing for the State.

This application has been filed for seeking quashing of chargesheet dated 24.08.2025 along with cognizance/summoning order dated 12.11.2025 and entire proceeding of Criminal Case No.3206 of 2025 (State Vs. Wahar Miyan and others), arising out of Case Crime No.66 of 2025, under Sections 191(2), 192(3), 190, 109(1), 125, 115(2), 352, 351(3) BNS, P.S. Sunngarhi, District Kasganj, pending in the court of learned Additional Chief Judicial Magistrate, Kasganj.

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 and entire proceedings of the said case, 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.

NA528 No. 5534 of 2026

2

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 three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law.

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

March 18, 2026 Vivek Kr.

(Saurabh Srivastava,J.)

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