Vikash Chauhan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vikash Chauhan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; application withdrawn at counsel's instance with liberty to file a regular bail application before the court of competent jurisdiction, such bail application to be decided in the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.

Issue for consideration

Whether the application filed under Section 528 BNSS to quash the entire proceedings of Criminal Case No. 3121 of 2024 (State Vs. Dabloo @ Sahan Ali and others), arising out of Case Crime No. 157 of 2024, Police Station Nagar, District Basti, and the cognizance/summoning order dated 14.11.2024 pending before the Chief Judicial Magistrate, Basti, should be allowed. +1 more

Court's answer

Upon consideration of the facts and circumstances of the case, the court refused the applicant's prayer to quash the proceedings of Criminal Case No. 3121 of 2024 and the cognizance/summoning order dated 14.11.2024.

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

Any regular bail application subsequently filed shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — namely, for category A accused (those against whom the charge-sheet has been submitted on appearance), the bail application may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided, with a better exercise of discretion in favour of the accused. (The category-A substance is the Supreme Court's observation relied upon by this court, not this court's own formulation.)ratio¶11

Detailed headnote1 paragraphs

Application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 (High Court of Judicature at Allahabad, Sanjay Kumar Pachori, J.; Order dated 17.3.2025) seeking quashing of the entire proceedings of Criminal Case No. 3121 of 2024 (State Vs. Dabloo @ Sahan Ali and others), arising out of Case Crime No. 157 of 2024 under Sections 191(2), 191(3), 190, 115(2), 352, 110, 324(5) of B.N.S. (and Sections 147, 148, 149, 323, 504, 308 of I.P.C.), Police Station Nagar, District Basti, and the cognizance/summoning order dated 14.11.2024 pending before the Chief Judicial Magistrate, Basti: the applicant, who was not arrested during investigation and against whom a charge-sheet had been submitted for an offence punishable up to 7 years, had his prayer to quash refused; counsel thereafter withdrew the application with liberty to file a regular bail application before the competent court, and the court directed that such bail application be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: bail on appearance after charge-sheet may be granted without physical custody or via interim bail till decision). Application disposed of accordingly.

Neutral Citation No. - 2025:AHC:37033

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 5206 of 2025

Applicant :- Vikash Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Amit Kumar Singh, learned counsel for the applicant, Shri Rahul Pandey, learned brief holder 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. 3121 of 2024 (State Vs. Dabloo @ Sahan Ali and others) arising out of Case Crime No. 157 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 110, 324(5) of B.N.S. (Sections 147, 148, 149, 323, 504, 308 of I.P.C. apart from Section 324(5) of B.N.S.) Police Station- Nagar, District- Basti as well as cognizance/summoning order dated 14.11.2024, pending in the Court of Chief Judicial Magistrate, Basti.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet have 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 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 T. Sinha

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