Disposed¶16

Gaurav Dwivedi and 3 Others v. State of U.P. and Another

Allahabad HC13 Nov 2025NA528/37251/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Sanjay Kumar Pachori, J.; 13 November 2025; Section 528 BNSS quashing application refused; Gaurav Dwivedi v. State of U.P.; Criminal Case No. 809 of 2024; Case Crime No. 193 of 2023; Sections 323 & 506 IPC; Police Station Rampura; District Jalaun; Judicial Magistrate Jalaun; cognizance/summoning order 18.05.2024; no arrest; charge-sheet submitted; punishable up to 7 years; withdrawal with liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51; category A; interim bail; disposed of.

What did the court decide?

Quashing prayer refused; application disposed of on withdrawal with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in the light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A). ¶16

Gaurav Dwivedi and 3 Others 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. 809 of 2024, arising out of Case Crime No. 193 of 2023 (Sections 323 & 506 IPC, P.S. Rampura, District Jalaun), and the cognizance/summoning order dated 18.05.2024 pending before the Judicial Magistrate, Jalaun, should be quashed.

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Court's answer

Upon considering the facts and circumstances of the case, the prayer to quash the proceedings of Criminal Case No. 809 of 2024 and the cognizance/summoning order dated 18.05.2024 is refused.

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Ratio / Principle

The application is permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

Any bail application filed pursuant to the said liberty shall be decided in the light of the observations made in the judgment of the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), November 13, 2025 - Gaurav Dwivedi & 3 Ors. v. State of U.P. & Anr. (Application u/s 528 BNSS No. 37251 of 2025): Application to quash the entire proceedings of Criminal Case No. 809 of 2024, arising out of Case Crime No. 193 of 2023 under Sections 323 & 506 IPC, P.S. Rampura, District Jalaun, and the cognizance/summoning order dated 18.05.2024 pending before the Judicial Magistrate, Jalaun. Quashing prayer refused; applicants (not arrested during investigation, charge-sheeted, offences punishable up to 7 years) allowed to withdraw the application with liberty to file a regular bail application before the competent court, such application to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (category A: charge-sheeted accused appearing on summons may have bail decided without physical custody or via interim bail, with better exercise of discretion expected). Application disposed of accordingly.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 37251 of 2025

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Gaurav Dwivedi And 3 Others

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	Versus		.....A	pplicant(s)
State of U.P. and Another			...	..Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Amrit Ujjwal : G.A.	Mishra, Srivastava	Shashank	Shekhar,

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Heard Sri Rishabh Agrawal, Advocate holding brief of Sri Amrit Mishra, learned counsel for the applicants and Sri Alok Mishra, 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. 809 of 2024, arising out of Case Crime No. 193 of 2023, under Sections 323 & 506 of I.P.C., Police Station-Rampura, District- Jalaun as well as cognizance/ summoning order dated 18.05.2024, pending in the Court of Judicial Magistrate, Jalaun.

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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 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 applicants is, hereby, refused.

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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.

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In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the

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NA528 No. 37251 of 2025

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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 13, 2025

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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

Gaurav Dwivedi and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Gaurav Dwivedi and 3 Others v. State of U.P. and Another

Case brief

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What the court decided

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