Disposed¶17

Ram Shiromani Gupta v. State of U.P. and Another

Allahabad HC26 Nov 2025NA528/40121/2025

Case brief

AI extract

What is this about?

Allahabad High Court, single judge (Sanjay Kumar Pachori, J.), 26.11.2025, disposes of Ram Shiromani Gupta's Section 528 BNSS quashing application against Criminal Case No. 2729 of 2025 / Case Crime No. 166 of 2025 (BNS Sections 333, 110, 115(2), 352, 351(3), P.S. Rath, Hamirpur) and the 15.09.2025 cognizance/summoning order of ACJM Rath; quashing prayer refused, application withdrawn with liberty to file regular bail to be judged per Satender Kumar Antil v. CBI, (2022) 10 SCC 51 category A (charge-sheet on appearance; bail without physical custody or interim bail till decision).

What did the court decide?

Quashing prayer refused; application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil (2022) 10 SCC 51. ¶17

Ram Shiromani Gupta 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. 2729 of 2025, arising out of Case Crime No. 166 of 2025 (Sections 333, 110, 115(2), 352, 351(3) of B.N.S., P.S. Rath, District Hamirpur), and the cognizance/summoning order dated 15.09.2025 pending before the Additional Chief Judicial Magistrate, Rath, Hamirpur, should be quashed. +1 more

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Court's answer

The applicant's prayer to quash the entire proceedings of Criminal Case No. 2729 of 2025 and the cognizance/summoning order dated 15.09.2025 is refused.

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Ratio / Principle

After some arguments, learned counsel for the applicant sought to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction, and the court accorded that liberty.

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Key takeaways

In case a bail application is filed by the applicant's counsel, it shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (category A).obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), November 26, 2025: Ram Shiromani Gupta's application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of the entire proceedings of Criminal Case No. 2729 of 2025, arising out of Case Crime No. 166 of 2025 under Sections 333, 110, 115(2), 352, 351(3) of B.N.S., Police Station Rath, District Hamirpur, together with the cognizance/summoning order dated 15.09.2025 pending before the Additional Chief Judicial Magistrate, Rath, Hamirpur, stood disposed of. The prayer to quash was refused (para 11); counsel thereafter withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction (para 12). The court directed that any such bail application be decided in the light of the Supreme Court's observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, category A: where a charge-sheet has been submitted on appearance (accused not arrested), the bail application may be decided without taking the accused into physical custody or by granting interim bail till decision, with better exercise of discretion expected in favour of the accused (paras 13, 16).

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 40121 of 2025

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Ram Shiromani Gupta

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.....Applicant(s)

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	Versus
State of U.P. and Another	....	.Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Alok Kumar Dubey, Saumitra Sharad Tripathi : G.A.	Dwivedi,

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Saumitra Dwivedi, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record.

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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. 2729 of 2025 arising out of Case Crime No. 166 of 2025, under Sections 333, 110, 115(2), 352, 351(3) of B.N.S., Police Station- Rath, District- Hamirpur, as well as cognizance/summoning order dated 15.09.2025, pending in the Court of Additional Chief Judicial Magistrate, Rath, Hamirpur.

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Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. 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 applicant is, hereby, refused.

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After some arguments, learned counsel for the applicant 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 applicant, 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

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NA528 No. 40121 of 2025

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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 26, 2025 Ishan

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(Sanjay Kumar Pachori,J.)

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

Ram Shiromani Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Shiromani Gupta v. State of U.P. and Another

Case brief

What is this about?

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What the court decided

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