Allahabad High Court
NA528/35953/2026 of KAPIL UPADHYAY AND ANOTHER Vs STATE OF U.P. AND ANOTHER on 14 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35953 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application under Section 528 B.N.S.S. has been filed by the applicants with
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35953 of 2026
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the applicants with the prayer to allow this application and quash the impugned Non Bailable Warrant dated 07.02.2018 passed in Case No. 275/9 of 2018 (State of U.P. Versus Kapil Upadhyay and another), arising out of Case Crime No. 519 of 2007, under Sections 498-A, 323 I.P.C., Police Station- Sadar Bazar, District Mathura, pending in the Court of Additional Chief Judicial Magistrate, Mathura.
3. After advancing certain argument at length by learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge sheet against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
4. Per contra, learned A.G.A. for the State states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application. Versus Counsel for Applicant(s) : Atul Tej Kulshrestha, Vinay Singh Counsel for Opposite Party(s) : G.A. Kapil Upadhyay And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. In view of the above, it is directed that in case the applicants appear/surrender before the concerned trial court within three weeks from today and applies for bail, their bail application shall be considered and decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another: (2021) 10 SCC 773. Till the aforesaid period of three weeks or till surrender before Court, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case.
6. With the aforesaid observations, this application is finally disposed of. September 15, 2026 Rmk. NA528 No. 35953 of 2026 2
(Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad