Allahabad High Court
Abrar Ahamad vs State Of U.P. And Another on 28 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:64744
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10047 of 2026
Abrar Ahamad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Manoj Kumar Pandey
Counsel for Opposite Party(s)
:
G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
2. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Complaint Case No. 146 of 2013 (Reshma Bano v. Abrar Ahmad and Others) under Section 406 of IPC, Police Station- Jhunsi, District- Prayagraj as well as summoning order dated 2.7.2014 and NBW dated 26.05.2025 and proceeding of 82 of Cr.P.C, pending in the Court of ACJM, Court No.7, Allahabad.
3. Learned counsel for the applicant submits that applicants were not arrested during the course of investigation and the charge-sheet has been submitted against them. It is further submitted that the offences are punishable up to 7 years imprisonment.
4. After arguing at some length, learned counsel for the applicant has submitted that he is not inclined to press the prayer as made in the application under Section 528 BNSS and he is ready to appear before the trial court and apply for regular bail and a direction may be issued to the trial court to decide the bail application of the applicants expeditiously keeping in view the law laid down in Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and Another (2021) 10 SCC 773.
5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil vs Central Bureau of Investigation and Another (2021) 10 SCC 773.
6. The application stands disposed of with the aforesaid liberty.
7. It is made clear that no further time shall given to appear before the trial court.
(Padam Narain Mishra,J.) March 28, 2026 Akram