Abdul Kareem vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abdul Kareem vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application withdrawn and disposed of with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of the Supreme Court's observations in Satender Kumar Antil, (2022) 10 SCC 51 (category A).

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1283 of 2025 (arising out of Case Crime No. 357 of 2024, Sections 115(2), 352, 191(2), 110 of B.N.S., Police Station Kotwali, District Basti) and the cognizance/summoning order dated 12.3.2025 pending before the Chief Judicial Magistrate, Basti should be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Court's answer

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

Ratio / Principle

After further arguments, counsel withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction, and the Court disposed of the application with that liberty.

Key takeaways

Any regular bail application subsequently filed shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 — category A (charge-sheet submitted on appearance), where bail may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided, with a better exercise of discretion expected in favour of the accused.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 75; Sanjay Kumar Pachori, J.; 27 October 2025). Application u/s 528 BNSS (No. 36412 of 2025) by Abdul Kareem sought quashing of the entire proceedings of Criminal Case No. 1283 of 2025 — arising out of Case Crime No. 357 of 2024, Sections 115(2), 352, 191(2), 110 B.N.S., Police Station Kotwali, District Basti — pending before the Chief Judicial Magistrate, Basti, together with the cognizance/summoning order dated 12.3.2025. Counsel submitted that the applicant was never arrested during investigation, that a charge-sheet had been filed, and that the offence is punishable up to 7 years. The Court refused the quashing prayer; counsel thereafter withdrew the application, and the Court disposed of it with liberty to file a regular bail application before a court of competent jurisdiction, directing that any such bail application be decided in light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — category A: where the charge-sheet has been submitted on appearance, bail may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided, with better discretion exercised in favour of the accused.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 36412 of 2025

Abdul Kareem

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Kanhaiya Lal Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Mahesh Kumar, Advocate holding brief of Shri Kanhaiya Lal Tiwari, learned counsel for the applicant, Shri Manoj Kumar 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. 1283 of 2025, arising out of Case Crime No. 357 of 2024, under Sections 115(2), 352, 191(2), 110 of B.N.S., Police StationKotwali, District- Basti as well as cognizance/summoning order dated 12.3.2025, pending in the Court of Chief Judicial Magistrate, Basti.

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.

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 rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 , wherein the

NA528 No. 36412 of 2025

2

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 27, 2025 T. Sinha

(Sanjay Kumar Pachori,J.)

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad