Disposed¶13

Ajaz Ahmad and 2 Others v. State of U.P. and Another

Allahabad HC7 Aug 2025NA528/4420/2025

Case brief

AI extract

What is this about?

Quashing application (captioned u/s 528 BNSS; body describes S.482 CrPC) by Ajaz Ahmad and 2 others against proceedings in Criminal Case No. 15965 of 2024 / Case Crime No. 96 of 2024, PS Balua, Chandauli, under Ss.115(2), 352, 76, 324(2) BNS (Ss.323, 504, 354-B, 426 IPC) and charge sheet dated 22.10.2024 before Civil Judge (JD)/FTC Chandauli; no arrest during investigation; prayer refused; withdrawal permitted with liberty for regular bail per Satender Kumar Antil v. CBI (2022) 10 SCC 51 category-A guidelines; disposed of 8.8.2025.

What did the court decide?

Quashing prayer refused; application permitted to be withdrawn with liberty to file a regular bail application before the competent court, to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶13

Ajaz Ahmad and 2 Others 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. 15965 of 2024 (arising out of Case Crime No. 96 of 2024) and the charge sheet dated 22.10.2024 should be quashed.

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Court's answer

Upon considering the facts and circumstances of the case, the applicants' prayer for quashing the criminal proceedings and the charge sheet was refused.

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Ratio / Principle

The applicants were permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

Direction that, if a bail application is filed for the applicants, it shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: accused against whom charge-sheet has been submitted on appearance).ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; order dated 8.8.2025) disposed of Application U/S 528 BNSS No. 4420 of 2025, described in the body as an application under Section 482 CrPC 1973, filed by Ajaz Ahmad and two others seeking quashing of the entire proceedings of Criminal Case No. 15965 of 2024, arising out of Case Crime No. 96 of 2024, under Sections 115(2), 352, 76 and 324(2) BNS (Sections 323, 504, 354-B and 426 IPC), Police Station Balua, District Chandauli, and of the charge sheet dated 22.10.2024 pending before the Civil Judge (Junior Division)/F.T.C., Chandauli. The applicants had not been arrested during investigation but a charge-sheet stood submitted against them. The court refused the quashing prayer, permitted withdrawal of the application with liberty to file a regular bail application, and directed that any such bail application be decided in light of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, under which category-A accused (charge-sheeted on appearance) may have bail decided without physical custody or with interim bail till decision.

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Neutral Citation No. - 2025:AHC:134523

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Court No. - 74

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Case :- APPLICATION U/S 528 BNSS No. - 4420 of 2025

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Applicant :- Ajaz Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Ashutosh Kumar Singh, learned counsel for the applicants, Shri Karunakar Singh, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 15965 of 2024, arising out of Case Crime No. 96 of 2024, under Sections 115(2), 352, 76, 324)(2) of B.N.S. (Sections 323, 504, 354-B, 426 of I.P.C.), Police Station- Balua, District- Chandauli as well as charge sheet dated 22.10.2024, pending in the Court of Civil Judge (Junior Division)/F.T.C., Chandauli.

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Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have 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 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

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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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Order Date :- 8.8.2025 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Ajaz Ahmad and 2 Others v. State of U.P. and Another

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Ajaz Ahmad and 2 Others v. State of U.P. and Another

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