Kamal Gupta vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kamal Gupta vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of the observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (Category A).

Issue for consideration

Whether the entire proceedings of Criminal Case No. 13124 of 2025 (State Vs. Kamal Gupta and another), arising out of Case Crime No. 223 of 2025, under Sections 115(2), 352, 351(3), 110 B.N.S. (P.S. Kaptan Ganj, District Kushinagar), and the cognizance/summoning order dated 24.07.2025 pending before Civil Judge (C.D.)/A.C.J.M. Kushinagar at Padrauna, should be quashed pursuant to Section 528 BNSS.

Court's answer

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant (quashing of the proceedings and cognizance/summoning order) was refused.

Ratio / Principle

After some arguments, 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.

Key takeaways

In case a bail application is filed by learned counsel for the applicant, it shall be decided in the light of the observations made in the judgment of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (Category A: where charge-sheet has been submitted on appearance, the bail application may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided).ratio¶13
The application stands disposed of with the aforesaid liberty.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), November 21, 2025 — APPLICATION U/S 528 BNSS No. 44853 of 2025: Kamal Gupta sought quashing of the entire proceedings of Criminal Case No. 13124 of 2025 (State Vs. Kamal Gupta and another), arising out of Case Crime No. 223 of 2025, under Sections 115(2), 352, 351(3), 110 B.N.S., Police Station- Kaptan Ganj, District- Kushinagar, along with the cognizance/summoning order dated 24.07.2025 pending before Civil Judge (C.D.)/A.C.J.M. Kushinagar at Padrauna. Counsel submitted the applicant was not arrested during investigation, the charge-sheet stood submitted, and the offence was punishable up to 7 years imprisonment. On consideration of facts and circumstances the court refused the prayer; thereafter, on counsel's request after some arguments, the application was permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, any such bail application to be decided in light of the Supreme Court's observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (Category A — charge-sheet submitted on appearance; bail may be decided without physical custody or by granting interim bail, with better exercise of discretion in favour of the accused). The application stands disposed of with the aforesaid liberty.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44853 of 2025

Kamal Gupta

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Akal Raj Pushkar	Singh,	Upendra Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Akal Raj Singh, learned counsel for the applicant and Sri Chavi Pal Singh, learned A.G.A. for the State and perused the material on record.

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. 13124 of 2025 (State Vs. Kamal Gupta and another), arising out of Case Crime No. 223 of 2025, under Sections 115(2), 352, 351(3), 110 B.N.S., Police Station- Kaptan Ganj, District- Kushinagar as well as cognizance/summoning order dated 24.07.2025 pending in the Court of Civil Judge (C.D.).A.C.J.M. Kushinagar at Padrauna.

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.

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

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.

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

NA528 No. 44853 of 2025

2

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 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.

The application stands disposed of with the aforesaid liberty.

(Sanjay Kumar Pachori,J.)

November 21, 2025 Imtiyaz

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