Disposed¶13

Suman Lata v. State of U.P. and Another

Allahabad HC20 May 2025NA528/16010/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; summoning/cognizance order dated 07.03.2025; Criminal Case No. 782 of 2025; Case Crime No. 243 of 2023; Sections 452, 323, 325, 504, 506 IPC; Police Station Baheri, District Bareilly; charge-sheet without arrest; offence punishable up to 7 years; liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A; Allahabad High Court; 2025:AHC:85170; disposed on 21.05.2025.

What did the court decide?

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 light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A). ¶13

Suman Lata 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. 782 of 2025 (arising out of Case Crime No. 243 of 2023) and the cognizance/summoning order dated 07.03.2025 should be quashed under Section 528 BNSS.

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Court's answer

The prayer for quashing the criminal proceedings and the cognizance/summoning order was refused.

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Ratio / Principle

Learned counsel for the applicant was permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

Any bail application filed shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil (2022) 10 SCC 51, i.e., for category A accused against whom the charge-sheet has been submitted on appearance, bail may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; Neutral Citation 2025:AHC:85170; order dated 21.05.2025): Application under Section 528 BNSS by Suman Lata seeking quashing of the entire proceedings of Criminal Case No. 782 of 2025 (State of U.P. vs. Suman Lata), arising out of Case Crime No. 243 of 2023 under Sections 452, 323, 325, 504, 506 IPC, Police Station Baheri, District Bareilly, and the cognizance/summoning order dated 07.03.2025 passed by the Judicial Magistrate, Baheri. The Court noted that the applicant was not arrested during investigation, the charge-sheet had been submitted, and the offence was punishable up to 7 years imprisonment. The quashing prayer was refused; counsel was permitted to withdraw the application with liberty to file a regular bail application before the competent court, and any such bail application was directed to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 (category A: where charge-sheet is submitted on appearance, bail may be considered without physical custody or with interim bail till decision). Application disposed of.

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Neutral Citation No. - 2025:AHC:85170

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Court No. - 72

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Case :- APPLICATION U/S 528 BNSS No. - 16010 of 2025

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Applicant :- Suman Lata Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Pandey,J.P. Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Devesh Paandey, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 782 of 2025 (State of U.P. vs. Suman Lata) arising out of Case Crime No. 243 of 2023, under Sections 452, 323, 325, 504, 506 IPC, Police Station- Baheri, District- Bareilly as well as cognizance/ summoning order dated 07.03.2025, pending in the Court of Judicial Magistrate, Baheri, District Bareilly.

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Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. 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 applicant is, hereby, refused.

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After some arguments, learned counsel for the applicant 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 applicant, 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 been submitted on appearance may be decided without the accused being taken in

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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. Order Date :- 21.5.2025 MAA/-

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

Suman Lata v. State of U.P. and Another

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Suman Lata v. State of U.P. and Another

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