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

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

What the court decided

AI extract

Outcome

Liberty to withdraw the quashing application and to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A).

Issue for consideration

Whether the entire proceedings of Criminal Case No. 7697 of 2025 (arising out of Case Crime No. 172 of 2024, Police Station Civil Lines, District Prayagraj) and the cognizance/summoning order dated 05.04.2025 passed by the Chief Judicial Magistrate, Allahabad ought to be quashed under Section 528 BNSS. +1 more

Court's answer

The prayer made by learned counsel for the applicants (for quashing of the proceedings and the cognizance/summoning order) was refused on consideration of the facts and circumstances of the case.

Ratio / Principle

After arguments, the application was permitted to be withdrawn and stands disposed of with liberty to the applicants to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed by the applicants, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, whereby in category A (accused against whom charge-sheet has been submitted on appearance) bail applications may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.ratio¶13

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS against entire proceedings of Criminal Case No. 7697 of 2025 (arising out of Case Crime No. 172 of 2024, ss. 342/323/352/506/147 IPC, P.S. Civil Lines, District Prayagraj) and cognizance/summoning order dated 05.04.2025 of the Chief Judicial Magistrate, Allahabad — applicants not arrested during investigation; charge-sheet filed; offence punishable up to 7 years. Prayer for quashing refused; after arguments, application permitted to be withdrawn and disposed of with liberty to file a regular bail application before the competent court. Any such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — category A: bail application of an accused against whom charge-sheet has been submitted on appearance may be decided without physical custody or by granting interim bail till decision. Held by Sanjay Kumar Pachori, J.; decided October 7, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34092 of 2025

Sandeep Mishra And Another

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Pramod Kumar Srivastava
Counsel for Opposite Party(s)	:	G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Sri Pramod Kumar Srivastava, learned counsel for the applicants and Sri Rahul Pandey, learned brief holder for the State and perused the material on record.

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. 7697 of 2025, arising out of Case Crime No. 172 of 2024, under Sections 342, 323, 352, 506, 147 of I.P.C., Police Station- Civil Lines, District Prayagraj as well as cognizance/ summoning order dated 05.04.2025, pending in the Court of Chief Judicial Magistrate, Allahabad.

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.

NA528 No. 34092 of 2025

2

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.

October 7, 2025

MAA/-

(Sanjay Kumar Pachori,J.)

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