Anshu Kumar Bhartiya @ Anuj and 2 Others vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Anshu Kumar Bhartiya @ Anuj and 2 Others vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; application disposed of with liberty to the applicants to surrender before the court concerned within 15 days and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil Vs. C.B.I. and Another, (2021) 10 SCC 773; no coercive action against the applicants till 15 days from the date of the order.

Issue for consideration

Whether the charge-sheet dated 17.06.2023, the cognizance/summoning order dated 08.05.2024 and the entire proceedings of Case No.399 of 2024 under sections 147, 323, 504, 506 IPC (arising out of Case Crime No.115 of 2023, P.S. Pipri, District Kaushambi) are liable to be quashed.

Court's answer

On perusal of the entire record, this Court does not find it to be a case where its interference is required; no ground appears to be available on the basis of which the impugned charge-sheet, cognizance/summoning order and entire criminal proceedings can be set aside.

Ratio / Principle

The prayer sought through the instant application (quashing) is refused.

Key takeaways

The application is finally disposed of with a direction that if the applicants surrender before the court concerned within 15 days and apply for bail, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. C.B.I. and Another, (2021) 10 SCC 773.ratio¶13
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¶14

Detailed headnote1 paragraphs

Quashing — Application under Section 528 BNSS seeking quashing of charge-sheet dated 17.06.2023, cognizance/summoning order dated 08.05.2024 and entire proceedings of Case No.399 of 2024 (State Vs. Anshu Kumar Bhartiya @ Anuj and Others) under sections 147, 323, 504, 506 IPC, arising out of Case Crime No.115 of 2023, P.S. Pipri, District Kaushambi, pending before Judicial Magistrate, Kaushambi — Held, on perusal of the entire record no ground for interference is made out; prayer refused — Application disposed of with liberty to applicants to surrender within 15 days and apply for bail, bail application to be considered and decided expeditiously in accordance with Satender Kumar Antil Vs. C.B.I. and Another, (2021) 10 SCC 773 — No coercive action against applicants till 15 days from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9176 of 2026

Anshu Kumar Bhartiya @ Anuj And 2 Others

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) : Manvendra Chandra Sah	Singh, Prabhat oo
Counsel for Opposite Party(s) : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

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

The instant application has been preferred for seeking quashing of charge-sheet dated 17.06.2023, cognizance/summoning order dated 08.05.2024 and the entire proceeding of Case No.399 of 2024 (State Vs. Anshu Kumar Bhartiya @ Anuj and Others) under sections 147, 323, 504, 506 IPC, arising out of Case Crime No.115 of 2023, P.S. Pipri, District- Kaushambi, pending in the court of learned Judicial Magistrate, Kaushambi.

On perusal of entire record appended with the instant application, 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 charge-sheet, cognizance/summoning order and entire criminal proceedings of the said case, can be set aside.

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

Lastly, learned counsel for applicants 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. 9176 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 15 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. C.B.I. and Another , reported in 2021 (10) SCC 773 .

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.

April 6, 2026 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad