Rajesh Kumar and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rajesh Kumar and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer to quash refused; application permitted to be withdrawn and stands disposed of with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No.37 of 2025 arising out of Case Crime No.149 of 2024 (offences under Sections 115(2), 352, 351(3), 117(2), 110 of B.N.S., PS Kanchhawa, District Mirzapur), charge sheet No.14 of 2025 dated 4.3.2025 and the cognizance/summoning order dated 13.05.2025 pending before the Civil Judge (Junior Division) F.T.C./Judicial Magistrate, Mirzapur should be quashed. +2 more

Court's answer

Upon considering the facts and circumstances of the case, the applicants' prayer (to quash the proceedings, charge sheet and cognizance/summoning order) was refused.

Ratio / Principle

After some arguments the applicants' counsel was permitted to withdraw the application, and the application stands disposed of with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed, 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: accused against whom charge-sheet has been submitted on appearance may be dealt with without being taken in physical custody, or by interim bail till the bail application is decided).ratio¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.), decision dated November 6, 2025 — Application U/S 528 BNSS No. 37105 of 2025, Rajesh Kumar And 3 Others v. State of U.P. and Another (Counsel for applicants: Arvind Singh; for Opposite Parties: G.A. and A.G.A. Karunakar Rai). Applicants sought quashing of the entire proceedings of Criminal Case No.37 of 2025 arising out of Case Crime No.149 of 2024 (offences under Sections 115(2), 352, 351(3), 117(2), 110 of B.N.S.; Police Station Kanchhawa, District Mirzapur), charge sheet No.14 of 2025 dated 4.3.2025 and the cognizance/summoning order dated 13.05.2025, pending before the Court of Civil Judge (Junior Division) F.T.C./Judicial Magistrate, Mirzapur. Counsel submitted that the applicants were not arrested during investigation, the charge-sheet had been filed, and the offence is punishable up to 7 years imprisonment (paras. 10-11). Upon consideration, the prayer to quash was refused (para. 12); after some arguments the counsel withdrew the application and it stands disposed of with liberty to file a regular bail application before the court of competent jurisdiction (paras. 13, 18). Any such bail application shall 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 — for category A accused (charge-sheet submitted on appearance) a bail decision may be made 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 such accused (para. 17).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37105 of 2025

Rajesh Kumar And 3 Others

.....Applicant(s)

Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Supplementary Affidavit filed in Court today, is taken on recrd.

Sri Arvind Singh, learned counsel for the applicants and Sri Karunakar Rai, 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 applicants to quash the entire proceedings of Criminal Case No.37 of 2025 arising out of Case Crime No.149 of 2024, under Sections 115(2), 352, 351(3), 117(2), 110 of B.N.S. Police Station- Kanchhawa, District- Mirzapur as well as charge sheet No.14 of 2025 dated 4.3.2025 as well as cognizance/summoning order dated 13.05.2025, pending in the Court of learned Civil Judge (Junior Division) F.T.C./ Judicial Magistrate, Mirzapur.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. 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 applicants is, hereby, refused.

After some arguments, learned counsel for the applicants 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 applicants,

NA528 No. 37105 of 2025

2

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.

The application stands disposed of with the aforesaid liberty.

(Sanjay Kumar Pachori,J.)

November 6, 2025 SFH

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad