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

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

What the court decided

AI extract

Outcome

Liberty to the applicant to withdraw the quashing application and file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 5898 of 2018 (arising out of Case Crime No. 95 of 2018, under Sections 323, 325, 308 IPC, Police Station Kotwali, District Basti) and the cognizance/summoning order dated 04.03.2025, pending before the Chief Judicial Magistrate, Basti, ought to be quashed under Section 528 of the B.N.S.S., 2023.

Court's answer

The prayer to quash the criminal proceedings and the cognizance/summoning order was refused upon consideration of the facts and circumstances of the case.

Ratio / Principle

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

Key takeaways

Any bail application filed by the applicant shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51.ratio¶12
The application stands disposed of with the aforesaid liberty.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under Section 528 of the B.N.S.S., 2023 seeking quashing of the entire proceedings of Criminal Case No. 5898 of 2018 (arising out of Case Crime No. 95 of 2018) under Sections 323, 325, 308 IPC, Police Station Kotwali, District Basti, and the cognizance/summoning order dated 04.03.2025 of the Chief Judicial Magistrate, Basti: the quashing prayer was refused. On the applicant's request, the application was permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, any such bail application to be decided in the light of the observations of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (category A — accused against whom charge-sheet has been submitted on appearance; bail may be considered without physical custody or by granting interim bail). Application disposed of with the aforesaid liberty (October 30, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37446 of 2025

Buddhi Prakash

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

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Sri Ashish Kumar Singh, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record.

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. 5898 of 2018, arising out of Case Crime No. 95 of 2018, under Sections 323, 325, 308 of I.P.C., Police Station- Kotwali, District- Basti as well as cognizance/ summoning order dated 04.03.2025, pending in the Court of Chief Judicial Magistrate, Basti.

Learned counsel for the applicant submits that applicant was 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.

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.

After some arguments, learned counsel for the applicant 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 applicant, 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.

NA528 No. 37446 of 2025

2

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.

October 30, 2025

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad