Disposed¶16

Surya Prakash and 6 Others v. State of U.P. and Another

Allahabad HC19 Nov 2025NA528/37384/2025

Case brief

AI extract

What is this about?

Quashing application under Section 528 BNSS refused; withdrawal permitted with liberty to file regular bail, guided by Satender Kumar Antil (2022) 10 SCC 51 category A. IPC Sections 147, 323, 452, 504, 506; Case Crime No. 107 of 2023, PS Gaur, District Basti; Criminal Case No. 15649 of 2024; cognizance/summoning order dated 18.10.2023; Additional Civil Judge/Judicial Magistrate Court No. 19, Basti; High Court of Judicature at Allahabad; Sanjay Kumar Pachori, J.; decided November 19, 2025; application disposed of.

What did the court decide?

Liberty to withdraw the quashing application and to file a regular bail application before the court of competent jurisdiction; the prayer for quashment was refused. ¶16

Surya Prakash and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the quashing application and to file a regular bail application before the court of competent jurisdiction; the prayer for quashment was refused.

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 15649 of 2024 (Case Crime No. 107 of 2023, Sections 147, 323, 452, 504, 506 IPC, PS Gaur, District Basti) and the cognizance/summoning order dated 18.10.2023 should be quashed. +1 more

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Court's answer

Considering the facts and circumstances of the case, the applicants' prayer for quashment of the proceedings and the cognizance/summoning order is refused.

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Ratio / Principle

After arguments, learned counsel for the applicants 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

Any bail application subsequently filed by the applicants' counsel shall be decided in the light of the observations made in the Supreme Court judgment in Satender Kumar Antil (category (A): bail applications of accused against whom a charge-sheet has been submitted on appearance may be decided without physical custody or by granting interim bail till the bail application is decided).ratio¶12
The application stands disposed of with the aforesaid liberty.ratio¶16

Detailed headnote1 paragraphs

Allahabad H.C. (Sanjay Kumar Pachori, J.), November 19, 2025 - Application U/S 528 BNSS No. 37384 of 2025 (Surya Prakash & 6 Others v. State of U.P. & Anr.): quashment sought of the entire proceedings of Criminal Case No. 15649 of 2024 (arising out of Case Crime No. 107 of 2023, Sections 147, 323, 452, 504, 506 IPC, PS Gaur, District Basti) and of the cognizance/summoning order dt. 18.10.2023 pending before the Addl. Civil Judge/Judicial Magistrate, Court No. 19, Basti. Charge-sheet had been filed while the applicants were not arrested during investigation; offences stated (per counsel) to be punishable up to 7 years imprisonment. Prayer for quashment refused; counsel allowed to withdraw the application with liberty to file a regular bail application, which shall be decided in the light of the category (A) observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 - bail applications of charge-sheeted accused appearing on summons may be decided without physical custody or by interim bail till decision, expecting better discretion in favour of the accused. Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 37384 of 2025

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Surya Prakash And 6 Others

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Vikas Chauhan
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 Vikas Chauhan, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 15649 of 2024, arising out of Case Crime No. 107 of 2023, under Sections 147, 323, 452, 504, 506 of I.P.C., Police Station- Gaur, District-Basti as well as cognizance/ summoning order dated 18.10.2023, pending in the Court of Additional Civil Judge/Judicial Magistrate, Court No. 19, Basti.

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Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet has 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 judgment rendered by the Supreme Court in Satender Kumar Antil Vs.

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NA528 No. 37384 of 2025

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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 19, 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

Surya Prakash and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Surya Prakash and 6 Others v. State of U.P. and Another

Case brief

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What the court decided

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