Disposed¶20

Pradeep Kumar and Another v. State of U.P. and Another

Allahabad HC3 Nov 2025NA528/38200/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application dismissed by disposal; charge-sheet filed without arrest; offence punishable up to 7 years; liberty to file regular bail; Category A Satender Kumar Antil (2022) 10 SCC 51 guidelines; cognizance/summoning order 23.07.2025; Criminal Case No. 4049/2025; Case Crime No. 37/2025; Sections 333, 115(2), 351(3) BNS; Police Station Dharamsinghawa; District Sant Kabir Nagar; Allahabad High Court; Sanjay Kumar Pachori, J.; November 3, 2025.

What did the court decide?

Liberty to withdraw the application and to file a regular bail application before the court of competent jurisdiction, such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Category A). ¶20

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 38200 of 2025

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Pradeep Kumar And Another

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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)

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Counsel for Applicant(s) : Jitendra 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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Shri Jitendra Singh, learned counsel for the applicants and Shri B.N. Upadhyay, learned brief holder for the State are present.

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The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Criminal Case No. 4049/2025, arising out of Case Crime No. 37/2025, under Sections 333, 115(2), 351(3) BNS, Police Station Dharamsinghawa, District Sant Kabir Nagar, as well as the cognizance/ summoning order dated 23.07.2025, pending in the court of Additional Civil Judge (Junior Division)-I, Judicial Magistrate, Sant Kabir Nagar.

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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 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

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NA528 No. 38200 of 2025

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¶19

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 3, 2025 Rama Kant

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Pradeep Kumar and Another v. State of U.P. and Another

Case brief

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Pradeep Kumar and Another v. State of U.P. and Another

Case brief

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