Disposed

Fareed v. State of U.P. and Another

Allahabad HC11 Sept 2025NA528/34810/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS to quash criminal proceedings under Sections 147, 323, 504, 452, 308 IPC and the summoning order was withdrawn with liberty to seek regular bail. The Court directed that any such application be considered in light of the Supreme Court's guidance for charge-sheeted accused not taken into custody.

What did the court decide?

Liberty to file a regular bail application before the competent jurisdiction, to be decided in light of Satender Kumar Antil v. CBI.

Fareed vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34810 of 2025

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Fareed

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Indrajeet Kumar Shukla, Kaushal Mishra : G.A.

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Shri Kaushal Mishra, learned counsel for the applicant and Shri Chhavi Pal Singh, learned AGA for the State are present.

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The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 833/2024, arising out of Case Crime No. 335/2023, under Sections 147, 323, 504, 452, 308 IPC, Police Station Afzalgarh, District Bijnor as well as the cognizance/ summoning order dated 08.01.2024, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Bijnor.

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Learned counsel for the applicant 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.

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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

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NA528 No. 34810 of 2025

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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.

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The application stands disposed of with the aforesaid liberty.

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November 3, 2025 Rama Kant

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Fareed v. State of U.P. and Another

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Fareed v. State of U.P. and Another

Case brief

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