Avnish Saxena and 3 Others v. State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow and Another

Allahabad HC16 Dec 2025NA528/40699/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed of; charge-sheet filed without arrest; offences punishable up to 7 years (IPC Sections 452, 323, 354B); liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A guidelines applied; Criminal Case No. 1236 of 2025 / Case Crime No. 434 of 2024; CJM Mainpuri; P.S. Kotwali, District Mainpuri; Allahabad High Court; Sanjay Kumar Pachori, J.; December 16, 2025.

What did the court decide?

Application disposed of: prayer to quash refused, but applicants permitted to withdraw with liberty 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. ¶¶17

Avnish Saxena and 3 Others vs State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow 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. 1236 of 2025 (arising out of Case Crime No. 434 of 2024, Sections 452, 323 & 354B IPC, P.S. Kotwali, District Mainpuri) and the cognizance/summoning order dated 28.04.2025 passed by the Chief Judicial Magistrate, Mainpuri ought to be quashed under Section 528 BNSS.

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Court's answer

The prayer made by the applicants to quash the proceedings of Criminal Case No. 1236 of 2025 and the cognizance/summoning order dated 28.04.2025 is refused.

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Ratio / Principle

Liberty is granted to the applicants to withdraw the application and 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 of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, i.e., for Category A accused (charge-sheet submitted on appearance without arrest) bail may be considered without taking the accused into physical custody or by granting interim bail till the bail application is decided. (The Category A observations themselves are those of the Supreme Court as quoted, not independent findings of this Court.)ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.; decision dated December 16, 2025) — Application under Section 528 BNSS (No. 40699 of 2025) by Avnish Saxena and 3 others seeking quashing of the entire proceedings of Criminal Case No. 1236 of 2025 (arising out of Case Crime No. 434 of 2024, under Sections 452, 323 & 354B IPC, P.S. Kotwali, District Mainpuri) and the cognizance/summoning order dated 28.04.2025 of the Chief Judicial Magistrate, Mainpuri. Held: prayer refused; after arguments, counsel sought and was granted liberty to withdraw the application and file a regular bail application before the competent court. Any such bail application is to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — for Category A accused (charge-sheet submitted, appearance without arrest), bail may be considered without physical custody or with interim bail till decision. Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 40699 of 2025

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Avnish Saxena And 3 Others

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.....Applicant(s)

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Versus State Of U.P. Through Principal Secretary Home Gov. Of U.P. At Lucknow And Another .....Opposite Party(s) Counsel for Applicant(s) : Dwijendra Prasad Counsel for Opposite Party(s) : G.A.

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e-file

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Heard Sri Dwijendra Prasad, learned counsel for the applicants and Sri Abhishek Kumar, 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. 1236 of 2025, arising out of Case Crime No. 434 of 2024, under Sections 452, 323 & 354B of I.P.C., Police Station- Kotwali, District- Mainpuri, as well as cognizance/ summoning order 28.04.2025 pending in the Court of Chief Judicial Magistrate, Mainpuri.

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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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NA528 No. 40699 of 2025

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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 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 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

Avnish Saxena and 3 Others v. State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow and Another

Case brief

What is this about?

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Avnish Saxena and 3 Others v. State of U.P. through Principal Secretary Home Gov. of U.P. at Lucknow and Another

Case brief

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What the court decided

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