Disposed¶18

Deepak Kumar v. State of U.P. and Another

Allahabad HC30 Oct 2025NA528/36142/2025

Case brief

AI extract

What is this about?

S.528 BNSS quashing application refused; withdrawal permitted with liberty for regular bail; charge-sheet filed without arrest; category A of Satender Kumar Antil v. CBI (2022) 10 SCC 51 — bail without physical custody or interim bail till decision; Sections 420, 406 IPC; P.S. Chhibramau, District Kannauj; cognizance/summoning order dated 04.12.2024; Allahabad High Court; disposed of October 30, 2025.

What did the court decide?

Application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A). ¶18

Deepak Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 36142 of 2025

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Deepak Kumar

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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)	: Anil Kumar Dubey, Jaswant Singh : G.A.

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Ram Milan Dwivedi, Advocate holding brief of Sri Jaswant Singh, learned counsel for the applicant and Sri Tej Bhan 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 Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 2661 of 2024 arising out of Case Crime No. 743 of 2023, under Sections 420, 406 of I.P.C., Police Station- Chhibramau, District- Kannauj as well as cognizance/summoning order dated 04.12.2024, pending in the Court of Additional Chief Judicial Magistrate, Chhibramau, Kannauj.

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As per allegations of the F.I.R. there are several sets of act.

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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 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

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NA528 No. 36142 of 2025

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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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October 30, 2025 Ishan

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Deepak Kumar v. State of U.P. and Another

Case brief

What is this about?

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Deepak Kumar v. State of U.P. and Another

Case brief

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