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

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

What the court decided

AI extract

Outcome

Prayer to quash refused; learned counsel for the applicants withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction, and the application stood disposed of with that liberty, any such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 475 of 2023 (State Vs. Manvendra and others), arising out of Case Crime No. 10 of 2023 under Sections 353, 504, 506 IPC, and the charge sheet dated 4.2.2023, should be quashed under Section 528 BNSS. +1 more

Court's answer

The Court refused the applicants' prayer to quash the proceedings of Criminal Case No. 475 of 2023 and the charge sheet dated 4.2.2023.

Ratio / Principle

In case a bail application is filed by the applicants' counsel, it shall be decided in the light of the observations made in the Supreme Court's judgment in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Supreme Court stated that in category A (accused against whom the charge-sheet has been submitted on appearance) bail applications may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 72), Hon'ble Sanjay Kumar Pachori, J. — Application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (No. 17269 of 2025) by Manvendra and another to quash the entire proceedings of Criminal Case No. 475 of 2023 (State Vs. Manvendra and others), arising out of Case Crime No. 10 of 2023 under Sections 353, 504, 506 of I.P.C., Police Station Kuthaund, District Jalaun, together with the charge sheet dated 4.2.2023, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Jalaun. The applicants had not been arrested during investigation and a charge-sheet stood submitted against them; the offence was punishable with imprisonment up to 7 years. Upon consideration of the facts and circumstances, the Court refused the quashing prayer. Learned counsel for the applicants thereafter sought to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. The Court directed that any such bail application be decided in the light of the observations of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 — category A (charge-sheet submitted on appearance), where bail may be decided without physical custody or by interim bail till the bail application is decided. Application disposed of with the said liberty. Order dated 22.5.2025; Neutral Citation 2025:AHC:86461.

Neutral Citation No. - 2025:AHC:86461

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 17269 of 2025

Applicant :- Manvendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Vijay Singh Sengar, learned counsel for the applicants, Shri Tej Bhan Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Criminal Case No. 475 of 2023 (State Vs. Manvendra and others) arising out of Case Crime No. 10 of 2023, under Sections 353, 504, 506 of I.P.C., Police Station- Kuthaund, District- Jalaun as well as charge sheet dated 4.2.2023, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Jalaun.

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 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 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.

The application stands disposed of with the aforesaid liberty.

Order Date :- 22.5.2025 T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad