Disposed¶16

Ashish Kumar Alias Gore Lal Alias Ashish Kumar Patel and 3 Others v. State of U.P. and Another

Allahabad HC16 Dec 2025NA528/39783/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed; prayer refused; withdrawal with liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A followed for bail without custody/interim bail after charge-sheet on appearance; Criminal Case No. 380 of 2025; Case Crime No. 206 of 2024; Sections 323, 504, 506 IPC; P.S. Soraon, Prayagraj; summoning/cognizance order 07.08.2025; ACJM Court No. 9 Prayagraj; offences punishable up to 7 years; Allahabad High Court; Sanjay Kumar Pachori, J.; December 16, 2025.

What did the court decide?

Application disposed of; prayer for quashing refused; liberty granted to the applicants to 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. ¶16

Ashish Kumar Alias Gore Lal Alias Ashish Kumar Patel and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 380 of 2025 (arising out of Case Crime No. 206 of 2024, Sections 323/504/506 IPC, P.S. Soraon, Prayagraj) and the cognizance/summoning order dated 07.08.2025 passed by the ACJM, Court No. 9, Prayagraj should be quashed.

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Court's answer

The prayer made by learned counsel for the applicants (for quashing of the proceedings and summoning order) is refused.

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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.

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Key takeaways

If a regular bail application is filed by the applicants' counsel, it shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, regarding Category A accused (against whom charge-sheet has been submitted on appearance), whose bail applications may be decided without physical custody or by granting interim bail.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceedings of Criminal Case No. 380 of 2025, arising out of Case Crime No. 206 of 2024 under Sections 323, 504, 506 IPC, Police Station Soraon, District Prayagraj, and the cognizance/summoning order dated 07.08.2025 of the Additional Chief Judicial Magistrate, Court No. 9, Prayagraj. Noting that the applicants were not arrested during investigation and a charge-sheet had been submitted, the Court refused the prayer for quashing. Counsel was permitted to withdraw the application 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: bail may be considered without physical custody or with interim bail where charge-sheet follows appearance).

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 39783 of 2025

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Ashish Kumar Alias Gore Lal Alias Ashish Kumar Patel And 3 Others

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ae n ers	Versus	.	....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Arun Kumar Kushwaha	Sharma,	Sunil Kumar
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 Sunil Kumar Kushwaha, learned counsel for the applicants and Sri learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 380 of 2025, arising out of Case Crime No. 206 of 2024, under Sections 323, 504, 506 of I.P.C., Police Station- Soraon, District- Prayagraj as well as cognizance/ summoning order dated 07.08.2025 pending in the Court of Additional Chief Judicial Magistrate, Court No. 9, Prayagraj.

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Learned counsel for the applicants 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.

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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. 39783 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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December 16, 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

Ashish Kumar Alias Gore Lal Alias Ashish Kumar Patel and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashish Kumar Alias Gore Lal Alias Ashish Kumar Patel and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Why is it important?

What the court decided

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