Disposed¶13

Nand Kishor Shukla and Another v. State of U.P. and Another

Allahabad HC22 May 2025NA528/17404/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application refused; withdrawal with liberty to file regular bail; charge-sheet filed without arrest; category A; Satender Kumar Antil (2022) 10 SCC 51; Sections 323/504/506/452 IPC; P.S. Mahewaghat, District Kaushambi; C.J.M. cognizance/summoning order 13.02.2025; offence punishable up to 7 years; Allahabad High Court; order dated 23.5.2025.

What did the court decide?

Prayer for quashing refused; application permitted to be withdrawn and disposed of with liberty to file a regular bail application before the court of competent jurisdiction, such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶13

Nand Kishor Shukla 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. 124 of 2025 (State Vs. Nand Kishor and Another), arising out of Case Crime No. 82 of 2024 under Sections 323, 504, 506, 452 IPC, Police Station Mahewaghat, District Kaushambi, and the cognizance/summoning order dated 13.02.2025 of the C.J.M., Kaushambi should be quashed. +1 more

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Court's answer

The prayer for quashing the entire proceedings of Criminal Case No. 124 of 2025 and the cognizance/summoning order dated 13.02.2025 is refused.

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Ratio / Principle

After arguments, learned counsel for the applicants 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 by the applicants shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51; per the passage reproduced by this Court, in category A (accused against whom charge-sheet has been submitted on appearance) bail may be decided without physical custody or by granting interim bail till the bail application is decided. The category-A content is the Supreme Court's observation as recounted in this order, not an independent ruling of this Court.ratio¶11

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Sanjay Kumar Pachori, J.) | Application U/S 528 BNSS No. 17404 of 2025 | Nand Kishor Shukla and another v. State of U.P. and another | Order dated 23.5.2025 — Application under Section 528 BNSS sought quashing of the entire proceedings of Criminal Case No. 124 of 2025 (State v. Nand Kishor and another), arising out of Case Crime No. 82 of 2024 under Sections 323, 504, 506, 452 IPC, Police Station Mahewaghat, District Kaushambi, and the cognizance/summoning order dated 13.02.2025 of the C.J.M., Kaushambi. Applicants were not arrested during investigation and a charge-sheet was filed; offence punishable up to 7 years imprisonment. The Court refused the quashing prayer, permitted withdrawal, and disposed of the application with liberty to file a regular bail application, which is to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: charge-sheet submitted on appearance — consideration without physical custody or by granting interim bail till decision).

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Neutral Citation No. - 2025:AHC:88473

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Court No. - 72

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Case :- APPLICATION U/S 528 BNSS No. - 17404 of 2025

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Applicant :- Nand Kishor Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Prasad Maurya,Shivakant Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri B.P. Maurya, learned counsel for the applicants and Sri S.P. Maurya, learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 124 of 2025, (State Vs. Nand Kishor and Another) arising out of Case Crime No. 82 of 2024, under Sections 323, 504, 506, 452 of IPC, Police Station- Mahewaghat, District- Kaushambi, as well as cognizance/ summoning order 13.02.2025 pending in the Court of C.J.M., Kaushambi.

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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 :- 23.5.2025 Akram

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

Nand Kishor Shukla and Another v. State of U.P. and Another

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Nand Kishor Shukla and Another v. State of U.P. and Another

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