Applicants sought quashing of criminal proceedings under Sections 147, 354(Kha), 323 IPC via a Section 528 BNSS application. The prayer was refused; the counsel then withdrew the application with liberty to file a regular bail application, guided by Satender Kumar Antil.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42213 of 2025
Dhananjay Singh And 4 Others
.....Applicant(s)
| Versus |
|---|
| State of U.P. and Another .....Opposite Party(s) |
| Counsel for Applicant(s) : Arvind Kumar Singh |
| Counsel for Opposite Party(s) : G.A. |
Court No. - 75
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri A.K. Singh, learned counsel for the applicants and Sri Madhvendra Pratap Singh, learned A.G.A. for the State and perused the material on record.
The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 445 of 2025, arising out of Case Crime No. 61 of 2024, under Sections 147, 354(Kha), 323 of I.P.C., Police StationGhoorpur, DistrictYamuna Nagar (Commissionerate Prayagraj), pending in the court of Judicial MagistrateIII, Allahabad.
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.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.
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.
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.
NA528 No. 42213 of 2025
2
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.
The application stands disposed of with the aforesaid liberty.
December 10, 2025 MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 528 BNSS to quash proceedings in Criminal Case No. 445 of 2025 should be allowed.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherRelied on¶13
(2022) 10 SCC 51 · Who else cites this
5 provisions across 2 enactments
Dhananjay Singh And 4 Others
State of U.P.
Another
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
