Abhishek and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhishek and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: prayer to quash the criminal proceedings and cognizance/summoning order refused; applicants permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction, such bail application to be decided in light of Satender Kumar Antil, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 12050/09 of 2024 (State Vs. Abhishek and others), arising out of Case Crime No. 670 of 2024, and the cognizance/summoning order dated 14.09.20224 should be quashed under Section 528 of the B.N.S.S., 2023. +1 more

Court's answer

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants to quash the proceedings and the cognizance/summoning order is refused.

Ratio / Principle

The application is permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed, it shall be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 — in category A (accused against whom charge-sheet has been submitted on appearance), bail may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.obiter¶10

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under S. 528 BNSS, 2023 to quash the entire proceedings of Criminal Case No. 12050/09 of 2024 (State v. Abhishek and others), arising out of Case Crime No. 670 of 2024, P.S. Civil Lines, District Moradabad, under Ss. 115(2), 352, 118(1), 75, 76 BNS (323, 504, 354A, 354B IPC) and the cognizance/summoning order dated 14.09.20224 of the CJM, Moradabad — quashing prayer refused; application permitted to be withdrawn with liberty to file a regular bail application; any such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: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).

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 5168 of 2025

Applicant :- Abhishek And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishe Pandey,Sushil Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Abhishek Pandey, learned counsel for the applicants and Sri Chhavipal Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Criminal Case No. 12050/09 of 2024 (State Vs. Abhishek and others), arising out of Case Crime No. 670 of 2024, under Sections 115 (2), 352, 118 (1), 75, 76 of B.N.S. (323, 504, 354A, 354B IPC), Police StationCivil Lines, District- Moradabad as well as cognizance/ summoning order dated 14.09.20224, pending in the Court of Chief Judicial Magistrate, Moradabad.

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.

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 judgments 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 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 except 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.

Order Date :- 17.3.2025 MAA/-

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad