Gurusharan Singh Chohan Alias Raja Bhaiya Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Gurusharan Singh Chohan Alias Raja Bhaiya Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the entire proceedings of Criminal Case No. 11240 of 2025 (arising out of Case Crime No. 527 of 2023, under Sections 115, 120B, 34 IPC, Police Station Kaushambi, District Ghaziabad) and the cognizance/summoning order dated 21.02.2025 pending before the Chief Judicial Magistrate, Ghaziabad should be quashed. +1 more

Court's answer

On consideration of the facts and circumstances of the case, the applicant's prayer to quash the criminal proceedings and the cognizance/summoning order was refused.

Ratio / Principle

After arguments, learned counsel for the applicant was permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

In case a bail application is filed by the applicant's counsel, the same shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (Category A, paragraph 2 thereof).ratio¶13

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Sanjay Kumar Pachori, J.) — Application U/S 528 BNSS No. 35462 of 2025, decided October 14, 2025. Gurusharan Singh Chohan alias Raja Bhaiya sought quashing of the entire proceedings of Criminal Case No. 11240 of 2025 (arising out of Case Crime No. 527 of 2023, Sections 115, 120B, 34 IPC, P.S. Kaushambi, District Ghaziabad) and the cognizance/summoning order dated 21.02.2025 of the Chief Judicial Magistrate, Ghaziabad. The prayer for quashing was refused. Counsel was then permitted to withdraw the application with liberty to file a regular bail application before the competent court; any such bail application is to be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (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 decision). Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35462 of 2025

Gurusharan Singh Chohan Alias Raja Bhaiya

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ananya Upadhyay, Rakesh Chandra Upadhyay Counsel for Opposite Party(s) : G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Rakesh Chandra Upadhyay, learned counsel for the applicant and Sri Pushpraj 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 applicant to quash the entire proceedings of Criminal Case No. 11240 of 2025 arising out of Case Crime No. 527 of 2023, under Sections 115, 120B, 34 of I.P.C., Police Station- Kaushambi, District- Ghaziabad as well as cognizance/summoning order dated 21.02.2025 pending in the Court of Chief Judicial Magistrate, Ghaziabad.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has 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

NA528 No. 35462 of 2025

2

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.

(Sanjay Kumar Pachori,J.)

October 14, 2025 Aiman

Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad