Disposed¶16

Akash and 3 Others v. State of U.P. and Another

Allahabad HC4 Nov 2025NA528/39647/2025

Case brief

AI extract

What is this about?

Quashing application under Section 528 BNSS 2023 disposed of; prayer refused; liberty granted to file regular bail. Offences under BNS Sections 191(2), 191(3), 333, 131, 115(2), 352, 351(2), 351(3); Case Crime No. 106 of 2025; Criminal Case No. 2583 of 2025; Police Station Arniya, District Bulandshahr; cognizance/summoning order dated 02.08.2025 by Special Judge (POCSO Act), Bulandshahr; charge-sheet filed without arrest; offence punishable up to 7 years; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A bail guidelines; Single judge: Sanjay Kumar Pachori, J.; decided November 4, 2025.

What did the court decide?

Liberty to the applicants to withdraw the application and file a regular bail application before the court of competent jurisdiction; prayer for quashing refused. ¶16

Akash and 3 Others 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. - 39647 of 2025

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Akash And 3 Others

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Puneet Srivastava
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 Puneet Srivastava, learned counsel for the applicants and Sri Karunakar Singh, 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. 2583 of 2025, arising out of Case Crime No. 106 of 2025, under Sections 191(2), 191(3), 333, 131, 115(2), 352, 351(2), 351(3) of B.N.S., Police StationArniya, District-Bulandshahr as well as cognizance/ summoning order dated 02.08.2025, pending in the Court of Special Judge (POCSO Act), Bulandshahr.

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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

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NA528 No. 39647 of 2025

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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 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 4, 2025

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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

Akash and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Akash and 3 Others v. State of U.P. and Another

Case brief

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