Satish Nishad and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Satish Nishad and Another 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 on the alternative prayer: applicants to surrender before the concerned Trial Court within one month; interim protection from arrest for one month or till surrender, whichever is earlier; Trial Court to dispose of any bail application expeditiously, after hearing the informant, in view of Satender Kumar Antil v. CBI, (2021) 10 SCC 773.

Issue for consideration

On the applicants' alternative prayer (quashing relief not pressed on merits), whether they should be directed to surrender before the Trial Court within a fixed period with protection from arrest, and whether the Trial Court should be directed to consider and decide their bail application expeditiously.

Court's answer

The applicants are directed to surrender before the concerned Trial Court within one month, and if they apply for bail, the Trial Court shall dispose of the bail application expeditiously in accordance with law.

Ratio / Principle

The bail application is to be disposed of 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.

Key takeaways

For one month from the date of the order, or until the applicants surrender before the concerned trial court, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceeding of Criminal Case No.453 of 2025 (State Vs. Satish Nishad and Others) arising out of Case Crime No.0117 of 2025 under Sections 115(2), 351(3), 352 and 117(2) BNS, Police Station Jigna, District Mirzapur, together with the charge-sheet dated 17.06.2025 and the summoning order dated 19.08.2025. Counsel for the applicants did not press the quashing relief on merits and confined the prayer to a direction for expeditious disposal of their bail application. The Court directed the applicants to surrender before the concerned Trial Court within one month, granted protection from arrest for one month or until surrender (whichever is earlier), and directed that any bail application be decided expeditiously after hearing the informant, keeping in view the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9739 of 2026

Satish Nishad And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mahesh Kumar Dubey, Pravesh Kumar Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 84

HON'BLE SANJIV KUMAR, J.

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed by the applicants to quash entire proceeding of Criminal Case No.453 of 2025 (State Vs. Satish Nishad and Others) arising out of Case Crime No.0117 of 2025, under Sections 115 (2), 351 (3), 352 and 117 (2) BNS, Police Station Jigna, District Mirzapur as well as charge-sheet dated 17.06.2025 as well as summoning order dated 19.08.2025.

Learned counsel for the applicants stated that he is not pressing any other prayer made in this application on merits and prayed that, at the outset, a direction may be issued to the concerned Trial Court to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned Trial Court, he has no objection in granting protection to them for a short period.

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned Trial Court within one month from today and in case, they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Trial Court in accordance with law,

NA528 No. 9739 of 2026

2

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 applicants before the concerned trial court, whichever is earlier, applicants 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.)

March 18, 2026

Amit

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