Disposed¶17

Monu and 8 Others v. State of U.P. and Another

Allahabad HC19 Nov 2025NA528/39192/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application refused; disposed with liberty to file regular bail; Criminal Case No. 20437 of 2024; Case Crime No. 311 of 2024; Sections 191(2), 191(3), 115(2), 352, 351(2), 333 BNS; P.S. Partapur, District Meerut; cognizance/summoning order dated 25.02.2025; ACJM Court No. 6 Meerut; charge-sheet submitted without arrest; offence punishable up to 7 years; Satender Kumar Antil v. CBI (2022) 10 SCC 51; category A; interim bail; physical custody; High Court of Judicature at Allahabad; Sanjay Kumar Pachori, J.; November 19, 2025.

What did the court decide?

Prayer to quash refused; liberty granted to withdraw the application and file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶17

Monu and 8 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the entire proceedings of Criminal Case No. 20437 of 2024 (arising out of Case Crime No. 311 of 2024, under Sections 191(2), 191(3), 115(2), 352, 351(2), 333 of B.N.S., Police Station Partapur, District Meerut) and the cognizance/summoning order dated 25.02.2025 should be quashed.

¶9

Court's answer

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

¶11

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.

¶12

Key takeaways

If a bail application is filed, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, i.e., for category A accused against whom the charge-sheet has been submitted on appearance, bail may be considered without taking the accused 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 under Section 528 BNSS No. 39192 of 2025 (Monu And 8 Others v. State of U.P. and Another), decided November 19, 2025: applicants sought quashing of the entire proceedings of Criminal Case No. 20437 of 2024 (arising out of Case Crime No. 311 of 2024, Sections 191(2), 191(3), 115(2), 352, 351(2), 333 BNS, P.S. Partapur, District Meerut) and the cognizance/summoning order dated 25.02.2025 pending before the ACJM, Court No. 6, Meerut. Charge-sheet had been submitted without arrest; offence punishable up to 7 years. Prayer refused; counsel permitted to withdraw with liberty to file a regular bail application, which is to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A — accused charge-sheeted on appearance may be dealt with without physical custody or via interim bail till decision). Application disposed of.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 39192 of 2025

¶3

Monu And 8 Others

¶4

.....Applicant(s)

¶5

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Akhilesh Kumar Pandey, Nikhil Shukla : G.A.

¶6

Court No. - 75

¶7

HON'BLE SANJAY KUMAR PACHORI, J.

¶8

Sri Akhilesh Kumar Pandey, learned counsel for the applicants and Sri B.N. Upadhyay, brief holder for the State and perused the material on record.

¶9

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. 20437 of 2024 arising out of Case Crime No. 311 of 2024, under Sections 191(2), 191(3), 115(2), 352, 351(2), 333 of B.N.S., Police Station- Partapur, District- Meerut as well as cognizance/summoning order dated 25.02.2025, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6 Meerut.

¶10

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.

¶11

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

¶12

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.

¶13

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

¶14

NA528 No. 39192 of 2025

¶15

¶16

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.

¶17

The application stands disposed of with the aforesaid liberty.

¶18

November 19, 2025 Ishan

¶19

(Sanjay Kumar Pachori,J.)

¶20

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

Monu and 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Monu and 8 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Anita and Another vs State of U.P. and 3 Others

Chhote Khan vs State of Up

Dashmesh vs State of U.P. and Another

Kariya Alias Madhav Prasad and 6 Others vs State of U.P.

Surya Prakash and 6 Others vs State of U.P. and Another

Yunus Saleem and 2 Others vs State of U.P. and Another