Disposed¶17

Anno Alias Anek Pal Singh v. State of U.P. and Another

Allahabad HC31 Oct 2025NA528/40833/2025

Case brief

AI extract

What is this about?

Allahabad High Court; APPLICATION U/S 528 BNSS No. 40833 of 2025; quashing of criminal proceedings refused; NBW dated 01.07.2024; Criminal Case No. 366 of 2017; Case Crime No. 286 of 2016; Sections 323, 332, 353, 504 IPC; P.S. Fatehpur Sikri, District Agra; charge-sheet without arrest; offence punishable up to 7 years; liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A; disposed of as withdrawn; decision date October 31, 2025; single bench of Sanjay Kumar Pachori, J.

What did the court decide?

Quashing prayer refused; application disposed of as withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil v. Central Bureau of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

Anno Alias Anek Pal Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the entire proceedings of Criminal Case No. 366 of 2017 (arising out of Case Crime No. 286 of 2016, Sections 323/332/353/504 IPC, P.S. Fatehpur Sikri, District Agra) and the non-bailable warrant dated 01.07.2024 issued against the applicant are liable to be quashed under Section 528 BNSS.

¶9

Court's answer

Upon considering the facts and circumstances of the case, the Court refused the applicant's prayer to quash the proceedings of Criminal Case No. 366 of 2017 and the non-bailable warrant dated 01.07.2024.

¶11

Ratio / Principle

Learned counsel for the applicant was permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

¶12

Key takeaways

In case a bail application is filed by the applicant's counsel, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, wherein (Category A) bail applications of accused against whom charge-sheet has been submitted on appearance may be decided without physical custody or by granting interim bail.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under Section 528 BNSS seeking quashing of the entire proceedings of Criminal Case No. 366 of 2017 (arising out of Case Crime No. 286 of 2016, Sections 323/332/353/504 IPC, P.S. Fatehpur Sikri, District Agra) and the non-bailable warrant dated 01.07.2024: HELD, after considering the facts and circumstances, the quashing prayer was refused. Counsel was permitted to withdraw the application with liberty to file a regular bail application before the competent court; any such bail application is to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, where (Category A) an accused not arrested during investigation against whom charge-sheet has been submitted on appearance may have bail considered without physical custody or by grant of interim bail. Application disposed of (decision dated October 31, 2025).

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 40833 of 2025

¶3

Anno Alias Anek Pal Singh

¶4

.....Applicant(s)

¶5

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ajay Pratap Singh, Vijay Tripathi
Counsel for Opposite Party(s)	: G.A.

¶6

Court No. - 75

¶7

HON'BLE SANJAY KUMAR PACHORI, J.

¶8

Sri Girish Kumar, Advocate holding brief of Sri Vijay Tripathi, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record.

¶9

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. 366 of 2017 arising out of Case Crime No. 286 of 2016, under Sections 323, 332, 353, 504 of I.P.C., Police Station- Fatehpur Sikri, District- Agra, whereby non-bailable warrant order dated 01.07.2024 has been issued against the applicant, pending in the Court of Judicial Magistrate, Court No. 1, Agra.

¶10

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.

¶11

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.

¶12

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.

¶13

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

¶14

NA528 No. 40833 of 2025

¶15

¶16

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.

¶17

The application stands disposed of with the aforesaid liberty.

¶18

October 31, 2025 Ishan

¶19

(Sanjay Kumar Pachori,J.)

¶20

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

Anno Alias Anek Pal Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anno Alias Anek Pal Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Deepak Kumar vs State of U.P. and Another

Altamas Alias Kamil vs State of U.P.

Bhura vs State of U.P.

Piyush Trivedi vs State of U.P. and Another

Santira and 6 Others vs State of U.P. and Another

Yusuf and 3 Others vs State of U.P. and Another