Allahabad High Court
NA528/23472/2026 of ABHISHEK KUMAR GUPTA Vs STATE OF U.P. AND 3 OTHERS on 5 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23472 of 2026 Court No. - 73 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. The present
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 23472 of 2026
Court No. - 73
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record.
2. The present application under Section 528 BNSS has been filed for quashing of charge sheet dated 18.10.2024 along with the cognizance/ summoning order dated 20.08.2025 as well as entire proceeding of Special Criminal Case No. 349 of 2025, State Vs. Abhishek Kumar Gupta, arising out of Case Crime No. 418 of 2024, under Sections 75, 115(2) B.N.S. and Section 7/8 of Protection of Children From Sexual Offences Act, Police Station Cantt., District Bareilly, pending in the court of learned Special Judge, POCSO Act/ Additional Sessions Judge, Bareilly. Further prayer has been to quash the non bailable warrant issued against the applicant in the aforesaid case.
3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : Dhruv Kumar Dhuriya, G.A. Abhishek Kumar Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within twenty days from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
6. For a period of aforesaid twenty days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
7. The present application stands disposed of.
(Dr. Gautam Chowdhary,J.) October 6, 2026 Mustaqeem. NA528 No. 23472 of 2026 2
Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad