Disposed¶14

Mohar Singh Alias Pinki and Another v. State of U.P. and Another

Allahabad HC11 May 2025NA528/12176/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Section 528 BNSS quashing application refused then withdrawn with liberty for regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category (A) bail guidance (no physical custody / interim bail); Criminal Case No. 787 of 2024; Case Crime No. 151 of 2024; Sections 323, 504, 308 IPC; Police Station Malwan, District Etah; cognizance/summoning order dated 03.02.2025; Judicial Magistrate Etah; charge-sheet filed without arrest; offence punishable up to 7 years; disposed 12.5.2025.

What did the court decide?

Prayer to quash refused; application withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of Satender Kumar Antil, (2022) 10 SCC 51. ¶14

Mohar Singh Alias Pinki and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 787 of 2024 (arising out of Case Crime No. 151 of 2024, under Sections 323, 504, 308 IPC) and the cognizance/summoning order dated 03.02.2025 pending before the Court of Judicial Magistrate, Etah, should be quashed.

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Court's answer

Upon considering the facts and circumstances of the case, the applicants' prayer to quash the proceedings and the cognizance/summoning order dated 03.02.2025 was refused.

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Ratio / Principle

After some arguments, on the request of learned counsel, the application was withdrawn with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

Any bail application subsequently filed shall be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, i.e., for category (A) accused against whom a charge-sheet has been submitted on appearance, bail may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application u/s 528 BNSS No. 12176 of 2025, decided 12.5.2025: Applicants Mohar Singh alias Pinki and another sought quashing of the entire proceedings of Criminal Case No. 787 of 2024 (State vs. Mohar Singh and another), arising out of Case Crime No. 151 of 2024, Sections 323, 504, 308 IPC, Police Station Malwan, District Etah, and of the cognizance/summoning order dated 03.02.2025 pending before the Court of Judicial Magistrate, Etah. Counsel submitted that the applicants were never arrested and a charge-sheet stands filed, the offence being punishable up to 7 years. The prayer to quash was refused; counsel thereafter withdrew the application with liberty to seek a regular bail application, which the Court directed be decided in the light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — category (A): bail without physical custody or interim bail till the bail application is decided. Application disposed of with said liberty.

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Neutral Citation No. - 2025:AHC:76424

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Court No. - 72

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Case :- APPLICATION U/S 528 BNSS No. - 12176 of 2025

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Applicant :- Mohar Singh Alias Pinki And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Indra Kumar Singh, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Criminal Case No. 787 of 2024 (State vs. Mohar Singh and another), arising out of Case Crime No. 151 of 2024, under Sections 323, 504, 308 IPC, Police Station- Malwan, District Etah as well as cognizance/ summoning order dated 03.02.2025, pending in the Court of Judicial Magistrate, Etah.

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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.

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

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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.

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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 judgment 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

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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 expect a better exercise of discretion on the part of the court in favour of the accused.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 12.5.2025 MAA/-

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Mohar Singh Alias Pinki and Another v. State of U.P. and Another

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