Sunil and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sunil and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the application and to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 23442 of 2024 (State Vs. Sunil and others) arising out of Case Crime No. 138 of 2024, and the cognizance/summoning order dated 1.12.2024, should be quashed under Section 528 of BNSS.

Court's answer

The prayer made by learned counsel for the applicants to quash the proceedings is refused.

Ratio / Principle

After some arguments, learned counsel for the applicants sought to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction, and that liberty was granted.

Key takeaways

In case a bail application is filed, the same shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (category A, where charge-sheet has been submitted on appearance).ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Court No. 72 — Application under Section 528 BNSS No. 10845 of 2025 by Sunil and 2 others to quash the entire proceedings of Criminal Case No. 23442 of 2024 (State Vs. Sunil and others), arising out of Case Crime No. 138 of 2024 under Sections 115(2), 352 and 351(2) of BNS, Police Station Rakabganj, District Nagar Commissionerate Agra, and the cognizance/summoning order dated 1.12.2024 of the Additional Chief Judicial Magistrate, Court No. 1, Agra. Held: the prayer to quash was refused; charge-sheet had been submitted without arrest and the offence was stated to be punishable up to 7 years. After arguments, counsel was permitted to withdraw the application with liberty to file a regular bail application before the competent court; any such bail application is to be decided in the light of the Supreme Court's observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (category A — charge-sheet submitted on appearance; bail may be considered without taking the accused into physical custody or by granting interim bail till the bail application is decided). Application disposed of on 5.4.2025.

Neutral Citation No. - 2025:AHC:49098

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 10845 of 2025

Applicant :- Sunil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh,Mohan Kant Baghel Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Gaurav Singh, learned counsel for the applicants and Sri Tej Bhan Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No23442 of 2024, (State Vs. Sunil and others) arising out of Case Crime No.138 of 2024, under Sections 115(2), 352 and 351(2) of BNS, Police Station- Rakabganj, District-Nagar Commissionerate Agra, as well as cognizance/ summoning order 1.12.2024 pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Agra.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 , wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided

without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of with the aforesaid liberty.

Order Date :- 5.4.2025 LN Tripathi

Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad