Disposed

Somendra Kumar Alias Sovindar Kumar and 3 Others v. State of U.P. and Another

Allahabad HC14 Oct 2025NA528/40177/2025

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What is this about?

The court refused the prayer to quash criminal proceedings. The application was withdrawn by the applicants with liberty to file a regular bail application, which was directed to be decided in light of the Supreme Court's observations in Satender Kumar Antil regarding Category A offenses where a charge-sheet has been submitted.

What did the court decide?

Application disposed of with liberty to file regular bail application.

Somendra Kumar Alias Sovindar Kumar and 3 Others Vs State… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 40177 of 2025

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Somendra Kumar Alias Sovindar Kumar And 3 Others

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ers			.....Applicant(s)
	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)		: Amar	Chandra
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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Sri Amar Chandra, learned counsel for the applicants and Sri Manoj Kumar 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 Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Case No. 6871 of 2023, arising out of Case Crime No.94 of 2023, under Sections 323, 308, 504, 506 of I.P.C., Police Station-Nigohi, District- Shahjahanpur as well as summoning order dated 06.11.2023 pending in the Court of A.C.J.M.-II, District Sahjahanpur.

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Learned counsel for the applicants submits that applicant was not arrested during the course of investigation and the charge-sheet has 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 judgment rendered by the Supreme Court in Satender Kumar Antil Vs. Central

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NA528 No. 40177 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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(Sanjay Kumar Pachori,J.)

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October 15, 2025 Vibha Singh

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Somendra Kumar Alias Sovindar Kumar and 3 Others v. State of U.P. and Another

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Somendra Kumar Alias Sovindar Kumar and 3 Others v. State of U.P. and Another

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