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

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

What the court decided

AI extract

Outcome

Prayer for quashing refused; counsel permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil, (2022) 10 SCC 51.

Issue for consideration

Whether the order dated 3.4.2025 issuing a non-bailable warrant against the applicant in Sessions Trial No. 2313 of 2023 should be quashed under Section 528 BNSS.

Court's answer

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant (for quashing the non-bailable warrant order) is refused.

Ratio / Principle

If a regular bail application is filed by counsel for the applicant, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil (2022) 10 SCC 51, whereunder, for category-A accused against whom charge-sheet has been submitted, bail may be considered without physical custody or via interim bail till decision.

Key takeaways

The application stands disposed of with liberty to the applicant to withdraw and file a regular bail application before the court of competent jurisdiction.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), 23.5.2025 — Application under Section 528 BNSS (No. 17408 of 2025) by Abhishek Kumar to quash the order dated 3.4.2025 of the Addivil Sessions Judge, FTC-4, Bulandshahr, issuing a non-bailable warrant in Sessions Trial No. 2313 of 2023 (State v. Devendra and Others), arising out of Case Crime No. 375 of 2021, Sections 323/34, 308/34, 504 IPC, P.S. Araniya, District Bulandshahr. Counsel submitted the applicant was never arrested, the charge-sheet stood submitted, and the offence carried punishment up to seven years. The initial prayer was refused; thereafter counsel sought and obtained permission to withdraw 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 accused: bail on appearance without compulsory physical custody or via interim bail till decision). Application disposed of.

Neutral Citation No. - 2025:AHC:88472

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 17408 of 2025

Applicant :- Abhishek Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Wahid Jamal Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Wahid Jamal, learned counsel for the applicant and Sri Kamleshwar Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 BNSS has been filed to quash the order dated 3.4.2025 passed by the Addivil Sessions Judge, FTC-4, Bulandshahr in Sessions Trial No. 2313 of 2023 (State v. Devendra and Others) arising out of Case Crime No. 375 of 2021, under Sections 323/34, 308/34, 504 of IPC, Police Station- Araniya, District- Bulandshahr, whereby non-bailable warrant has been issued.

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

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.

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

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 :- 23.5.2025 Akram

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