Disposed¶19

Sheelendra Singh and 5 Others v. State of U.P. and Another

Allahabad HC30 Oct 2025NA528/37439/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashal application refused and disposed; Criminal Case No. 1248 of 2025 / Case Crime No. 48 of 2025, PS Awagarh, Etah; Sections 191(2), 191(3), 333, 115(2), 352, 76 BNS; cognizance/summoning order 24.07.2025, JM/JD Jalesar; withdrawal with liberty to apply for regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A — bail without custody/interim bail for charge-sheeted accused not arrested; offence punishable up to 7 years; Allahabad HC, Sanjay Kumar Pachori, J.; October 30, 2025.

What did the court decide?

Prayer to quash refused; application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶19

Sheelendra Singh and 5 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. 1248 of 2025 (Case Crime No. 48 of 2025, Police Station Awagarh, District Etah) and the cognizance/summoning order dated 24.07.2025 pending before the Judicial Magistrate/Civil Judge (J.D.), Jalesar should be quashed. +1 more

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Court's answer

Upon considering the facts and circumstances of the case, the applicants' prayer to quash the proceedings and the cognizance/summoning order is refused.

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Ratio / Principle

The application stands disposed of, counsel having withdrawn it with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

If a regular bail application is filed, it shall be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, i.e., for category A accused (charge-sheet submitted on appearance) bail may be decided without physical custody or by granting interim bail till the bail application is decided.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 37439 of 2025, decided October 30, 2025 — Sheelendra Singh and 5 others sought quashal of the entire proceedings of Criminal Case No. 1248 of 2025, arising out of Case Crime No. 48 of 2025, under Sections 191(2), 191(3), 333, 115(2), 352, 76 B.N.S. (against applicant no. 1) and Sections 191(2), 191(3), 333, 115(2), 352 of B.N.S., Police Station Awagarh, District Etah, and of the cognizance/summoning order dated 24.07.2025 pending before Judicial Magistrate/Civil Judge (J.D.), Jalesar. Counsel submitted the applicants were never arrested during investigation and the charge-sheet has been submitted, the offence being punishable up to seven years. The prayer to quash was refused; after some arguments counsel withdrew the application with liberty to file a regular bail application before the competent court, which shall be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 — category A accused (charge-sheeted on appearance) may have bail decided without physical custody or by interim bail till decision, with a better exercise of discretion expected in their favour. Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 37439 of 2025

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Sheelendra Singh And 5 Others

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.....Applicant(s)

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Versus

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State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Dharm Vir Singh
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 Dharm Vir Singh, learned counsel for the applicants and Sri Rahul Pandey, 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. 1248 of 2025, arising out of Case Crime No. 48 of 2025, under Sections 191(2), 191(3), 333, 115(2), 352, 76 B.N.S. against applicant no. 1 and under Sections 191(2), 191(3), 333, 115(2), 352 of B.N.S., Police Station- Awagarh, District- Etah as well as cognizance/ summoning order dated 24.07.2025, pending in the Court of Judicial Magistrate/Civil Judge (J.D.), Jalesar, District Etah.

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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 offence is 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

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NA528 No. 37439 of 2025

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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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October 30, 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

Sheelendra Singh and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Sheelendra Singh and 5 Others v. State of U.P. and Another

Case brief

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