Disposed¶17

Amit Kumar Lal v. State of U.P. and Another

Allahabad HC6 Nov 2025NA528/35833/2025

Case brief

AI extract

What is this about?

Section 528 BNSS 2023 quashing application refused; Allahabad High Court; Amit Kumar Lal v. State of U.P.; Criminal Case No. 4901 of 2016; Case Crime No. 431 of 2013; Sections 323, 325, 504, 506 IPC; P.S. Shahpur, Gorakhpur; cognizance/summoning order dated 27.07.2016; Civil Judge (S.D.) Court No. 1 Gorakhpur; withdrawal with liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A; charge-sheet filed without arrest; interim bail till disposal; disposed of November 6, 2025; Sanjay Kumar Pachori, J.

What did the court decide?

Prayer for quashing refused; application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶17

Amit Kumar Lal 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. 4901 of 2016 (arising out of Case Crime No. 431 of 2013, under Sections 323, 325, 504, 506 IPC, P.S. Shahpur, District Gorakhpur) and the cognizance/summoning order dated 27.07.2016 should be quashed under Section 528 BNSS.

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Court's answer

The prayer made by learned counsel for the applicant (for quashing of the proceedings and summoning order) is refused.

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Ratio / Principle

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.

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Key takeaways

If a bail application is filed by the applicant, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, i.e., Category A cases where 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.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.): Application under Section 528 B.N.S.S., 2023 seeking quashing of the entire proceedings of Criminal Case No. 4901 of 2016, arising out of Case Crime No. 431 of 2013, under Sections 323, 325, 504, 506 IPC, P.S. Shahpur, District Gorakhpur, and the cognizance/summoning order dated 27.07.2016 passed by the Civil Judge (S.D.), Court No. 1, Gorakhpur. After hearing counsel, the Court refused the quashing prayer, permitted withdrawal of the application with liberty to file a regular bail application before the competent court, and directed that any such bail application be decided in the light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Category A: accused against whom charge-sheet has been submitted on appearance may be released without physical custody or on interim bail till decision). Application disposed of on November 6, 2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 35833 of 2025

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Amit Kumar Lal

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.....Applicant(s)

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	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Amit Kumar Singh	Yadav,	Karunesh Pratap
Counsel for Opposite Party(s)	: G.A.

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Heard Sri Karunesh Pratap Singh, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record.

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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. 4901 of 2016, arising out of Case Crime No. 431 of 2013, under Sections 323, 325, 504, 506 of I.P.C., Police Station- Shahpur, District- Gorakhpur as well as cognizance/ summoning order dated 27.07.2016, pending in the Court of Civil Judge (S.D.), Court No. 1, Gorakhpur.

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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 offences are 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,

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NA528 No. 35833 of 2025

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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.

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The application stands disposed of with the aforesaid liberty.

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November 6, 2025 MAA/-

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(Sanjay Kumar Pachori,J.)

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

Amit Kumar Lal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Amit Kumar Lal v. State of U.P. and Another

Case brief

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