Disposed¶18

Arvind Kumar v. State of U.P. and Another

Allahabad HC15 Sept 2025NA528/5169/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application refused; Criminal Case No. 12141 of 2023; Case Crime No. 132 of 2020; Sections 354-B, 506 IPC; Police Station Sipari Bazar; District Jhansi; cognizance/summoning order 27.05.2023; Chief Judicial Magistrate Jhansi; charge-sheet submitted without arrest; offence punishable up to 7 years; withdrawal permitted with liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51; Category A; interim bail; no physical custody; discretion in favour of accused; Allahabad High Court; Justice Sanjay Kumar Pachori; disposed 16.09.2025.

What did the court decide?

Quashing prayer refused; application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶18

Arvind Kumar 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. 12141 of 2023 (arising out of Case Crime No. 132 of 2020, Sections 354-B and 506 IPC, P.S. Sipari Bazar, District Jhansi) and the cognizance/summoning order dated 27.05.2023 passed by the Chief Judicial Magistrate, Jhansi should be quashed. +1 more

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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 summoning order was refused by this Court.

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Ratio / Principle

The Court permitted the applicants' counsel 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 regular bail application is filed, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, relating to Category A (accused against whom charge-sheet has been submitted on appearance).ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 5169 of 2025, decided 16.09.2025 — Arvind Kumar v. State of U.P. and Another. Application under Section 528 BNSS to quash the entire proceedings of Criminal Case No. 12141 of 2023, arising out of Case Crime No. 132 of 2020 under Sections 354-B and 506 IPC, P.S. Sipari Bazar, District Jhansi, and the cognizance/summoning order dated 27.05.2023 pending before the Chief Judicial Magistrate, Jhansi. Counsel submitted that the applicants were never arrested during investigation, a charge-sheet had been filed against them, and the offence is punishable with imprisonment up to 7 years. The Court refused the quashing prayer, allowed the application to be withdrawn, and granted liberty to file a regular bail application before the competent forum, directing that such bail application be decided in the light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Category A: bail of accused appearing after charge-sheet submission may be considered without taking them into physical custody or by granting interim bail till decision). Application disposed of accordingly.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 5169 of 2025

Arvind Kumar

.....Applicant(s)

Versus

State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Sushil Kumar Tewari
Counsel for Opposite Party(s)	: G.A.
Court No.- 74

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Sushil Kumar Tewari, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the entire proceedings of Criminal Case No. 12141 of 2023, arising out of Case Crime No. 132 of 2020, under Sections 354-B, 506 of I.P.C., Police Station- Sipari Bazar, District- Jhansi, as well as cognizance/ summoning order 27.05.2023 pending in the Court of Chief Judicial Magistrate, Jhansi.

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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

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NA528 No. 5169 of 2025

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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.

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The application stands disposed of with the aforesaid liberty.

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September 16, 2025 Ishan

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Arvind Kumar v. State of U.P. and Another

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Arvind Kumar v. State of U.P. and Another

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