Disposed¶17

Banke Singh and 2 Others v. State of U.P. and Another

Allahabad HC21 Nov 2025NA528/44837/2025

Case brief

AI extract

What is this about?

Quashing application under Section 528 BNSS; cognizance/summoning order dated 12.03.2019; Case No. 731 of 2019 (State of U.P. v. Banke and others); Case Crime No. 1826 of 2018; Sections 323, 504, 308 IPC; Police Station Baradari, District Bareilly; charge-sheet submitted without arrest; offence punishable up to 7 years; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A; liberty to file regular bail application; application disposed of as withdrawn; Allahabad High Court; Sanjay Kumar Pachori, J.; November 21, 2025.

What did the court decide?

Liberty to withdraw the quashing application and file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶17

Banke Singh 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 Case No. 731 of 2019 (State of U.P. Vs. Banke and others), arising out of Case Crime No. 1826 of 2018 under Sections 323, 504, 308 IPC, and the cognizance/summoning order dated 12.03.2019 should be quashed.

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Court's answer

Upon considering the facts and circumstances of the case, the applicants' prayer to quash the proceedings and the cognizance/summoning order was refused.

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Ratio / Principle

After some arguments, learned counsel for the applicants was 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

In case a bail application is filed by the applicants' counsel, the same shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (Category A: accused against whom charge-sheet has been submitted on appearance).ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under S.528 BNSS (No. 44837 of 2025) by Banke Singh and 2 others seeking quashing of the entire proceedings of Case No. 731 of 2019 (State of U.P. v. Banke and others), arising out of Case Crime No. 1826 of 2018 under Sections 323, 504, 308 IPC, Police Station Baradari, District Bareilly, and the cognizance/summoning order dated 12.03.2019 pending before the Additional Chief Judicial Magistrate, First Bareilly. The prayer was refused; after arguments, counsel was permitted to withdraw the application with liberty to file a regular bail application, which is to be decided in the light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Category A — charge-sheet submitted on appearance; bail may be considered without physical custody or with interim bail till decision). Application disposed of on November 21, 2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 44837 of 2025

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Banke Singh And 2 Others

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.....Applicant(s)

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	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Manoj Kumar Srivastava
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 Manoj Kumar Srivastava, learned counsel for the applicants and 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 applicant to quash the entire proceedings of Case No. 731 of 2019 (State of U.P. Vs. Banke and others), arising out of Case Crime No. 1826 of 2018, under Sections 323, 504, 308 I.P.C., Police Station- Baradari, District- Bareilly as well as cognizance/summoning order dated 12.03.2019, pending in the Court of Additional Chief Judicial Magistrate First Bareilly.

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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.

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NA528 No. 44837 of 2025

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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 chargesheet 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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November 21, 2025

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Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Banke Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Banke Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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