Facts
The applicants sought to quash the charge-sheet dated 20 March 2025, the cognizance/summoning order dated 20 September 2025, and the proceedings in Criminal Case No. 741 of 2025, arising from offences alleged under Sections 323, 498-A and 504 of the Indian Penal Code.
Source reference: para. 3–6Applicant No. 1 is the complainant’s husband; Applicants Nos. 2 and 3 are her parents-in-law.
Source reference: para. 3–6The applicants stated that, after non-bailable warrants were issued, they were willing to surrender and seek bail, and requested time to appear and that the warrants remain in abeyance in the meantime.
Source reference: para. 3–6The State did not oppose that request.
Source reference: para. 3–6Issues
1. Whether the applicants should be granted time to appear and surrender before the trial court, with liberty to apply for bail.
Source reference: para. 5, 72. Whether the non-bailable warrants should remain in abeyance until the date fixed for the applicants’ appearance.
Source reference: para. 5, 7–8Law Applied
The alleged offences arose under Sections 323, 498-A and 504 IPC, but the Court did not determine their substantive application or the merits of the prosecution.
Source reference: para. 7(ii), 9It directed that any bail applications be considered and decided by the trial court expeditiously, in accordance with law and on their own merits; the order was not a direction to grant bail or an expression of opinion on the case merits.
Source reference: para. 7(ii), 9No precedent or specific statutory rule governing the requested interim protection was cited.
Source reference: para. 7(ii), 9Reasoning
In light of the applicants’ undertaking to appear and surrender within the stipulated period, and the State’s non-opposition, the Court granted limited, conditional protection to facilitate their appearance and bail applications.
Source reference: para. 6–9It did not decide the challenge to the charge-sheet, cognizance order, or criminal proceedings on the merits.
Source reference: para. 6–9Instead, it left the bail decision to the trial court and made the protection conditional on timely appearance.
Source reference: para. 6–9Holding
The application was disposed of with directions that the applicants appear and surrender before the trial court on or before 31 October 2026 and may then seek bail, which the trial court must consider expeditiously and independently.
The non-bailable warrants dated 4 August 2026 were kept in abeyance until 31 October 2026, subject to compliance.
Source reference: para. 7–11If the applicants fail to appear by that date, the protection ceases and the trial court may proceed in accordance with law.
Source reference: para. 7–11The Court expressed no view on the merits and did not direct that bail be granted.
Source reference: para. 7–11Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18602
Original Court PDF
AKHIL GUPTA AND ORSvsSTATE OF UTTARAKHAND
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