Yunus Saleem and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Yunus Saleem and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; application withdrawn and disposed of with liberty to the applicants to file a regular bail application before the court of competent jurisdiction, such bail application to be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

Issue for consideration

Whether the entire proceedings of Criminal Case No. 3779 of 2021 and the cognizance/summoning order dated 12.10.2021 passed by the Additional Chief Judicial Magistrate, Court No. 5, Bareilly should be quashed.

Court's answer

After considering the facts and circumstances of the case, the applicants' prayer for quashing the criminal proceedings and the cognizance/summoning order is refused.

Ratio / Principle

Learned counsel for the applicants is permitted to withdraw the application, with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a regular bail application is filed for the applicants, it shall be decided in the light of the observations of 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).ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 75 (Hon'ble Sanjay Kumar Pachori, J.) — Application U/S 528 BNSS No. 37401 of 2025 filed by Yunus Saleem and 2 others under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the entire proceedings of Criminal Case No. 3779 of 2021 arising out of Case Crime No. 271 of 2020 (Sections 323, 324, 504, 506 IPC, PS C.B. Ganj, District Bareilly) and the cognizance/summoning order dated 12.10.2021 pending before the Additional Chief Judicial Magistrate, Court No. 5, Bareilly. Applicants were not arrested during investigation; charge-sheet submitted; offence punishable up to 7 years imprisonment. The quashing prayer was refused; after arguments, counsel sought and obtained leave to withdraw the application with liberty to file a regular bail application before the competent jurisdiction. Any such bail application is to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein, for category A accused (charge-sheet submitted on appearance), bail may be considered without taking the accused into physical custody or by granting interim bail till the bail application is decided. Application disposed of on November 19, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37401 of 2025

Yunus Saleem And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: R. B. Singh Parmar
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri R. B. Singh Parmar, learned counsel for the applicants and Sri Rahul Pandey, brief holder 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. 3779 of 2021 arising out of Case Crime No. 271 of 2020, under Sections 323, 324, 504, 506 of I.P.C., Police Station- C.B. Ganj, District- Bareilly as well as cognizance/summoning order dated 12.10.2021, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Bareilly.

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, 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. 37401 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.

November 19, 2025 Ishan

(Sanjay Kumar Pachori,J.)

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