Shiv Shankar Keshari and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shiv Shankar Keshari and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the application and file a regular bail application before the court of competent jurisdiction (the prayer to quash the proceedings having been refused); any such bail application to be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51.

Issue for consideration

Whether the application under Section 528 of BNSS seeking to quash the entire proceedings of Criminal Case No. 240 of 2023, arising out of Case Crime No. 89 of 2022 (Sections 323, 504, 506 IPC, P.S. Khiri, District Allahabad), including the cognizance/summoning order dated 21.02.2023 pending before the Judicial Magistrate, Court No. 2, Allahabad, should succeed. +1 more

Court's answer

Upon consideration of the facts and circumstances of the case, the prayer made by learned counsel for the applicants (to quash the entire proceedings of Criminal Case No. 240 of 2023 and the cognizance/summoning order dated 21.02.2023) is refused.

Ratio / Principle

After some arguments, learned counsel for the applicants withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction, and the application stands disposed of with that liberty.

Key takeaways

In case a bail application is filed by 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 v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 — namely (per the observations of that judgment as quoted herein, category A) that where a charge-sheet has been submitted on appearance, bail applications may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application u/s 528 BNSS No. 39002 of 2025, Shiv Shankar Keshari and 3 others v. State of U.P. and another (decided 16 December 2025): Applicants sought quashing of the entire proceedings of Criminal Case No. 240 of 2023 arising out of Case Crime No. 89 of 2022 (Sections 323, 504, 506 IPC, Police Station Khiri, District Allahabad) together with the cognizance/summoning order dated 21.02.2023 pending before the Judicial Magistrate, Court No. 2, Allahabad. The applicants had not been arrested during investigation and the charge-sheet had been submitted against them; the offences are stated to be punishable with imprisonment up to 7 years. The prayer to quash was refused; counsel thereafter withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction, and the application stood disposed of with that liberty, such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: where the charge-sheet has been submitted on appearance, bail may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39002 of 2025

Shiv Shankar Keshari And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Dinesh Mishra, Sunil Kumar Dubey
Counsel for Opposite Party(s)	: G.A.
Court No.- 75

HON'BLE SANJAY KUMAR PACHORI, J.

Supplementary affidavit filed today is taken on record.

Heard Sri Sunil Kumar Dubey, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 240 of 2023, arising out of Case Crime No. 89 of 2022, under Sections 323, 504, 506 of I.P.C., Police Station- Khiri, District- Allahabad as well as cognizance/ summoning order 21.02.2023 pending in the Court of Judicial Magistrate, Court No. 2, Allahabad.

Learned counsel for the applicant 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.

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

NA528 No. 39002 of 2025

2

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.

The application stands disposed of with the aforesaid liberty.

December 16, 2025 MAA/-

(Sanjay Kumar Pachori,J.)

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