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

Upendra Singh 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Application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil (2022) 10 SCC 51 (Category A).

Issue for consideration

Whether the entire proceedings of Case No. 43919 of 2024 (State vs. Suraj & others) arising out of Case Crime 79 of 2024 and the cognizance/summoning order dated 06.11.2024 should be quashed under Section 528 of the B.N.S.S., 2023.

Court's answer

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

Ratio / Principle

After 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 the applicant's counsel, the same shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil (2022) 10 SCC 51, i.e., for Category A accused (charge-sheet submitted on appearance, offence punishable up to 7 years), the bail application may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), Order dated 10.3.2025; Neutral Citation No. 2025:AHC:34324. Application under Section 528 of the B.N.S.S., 2023 by Upendra Singh seeking quashing of the entire proceedings of Case No. 43919 of 2024 (State vs. Suraj & others), arising out of Case Crime 79 of 2024, under Sections 147, 148, 323, 504, 506, 452, 354 IPC, Police Station Mardah, District Ghazipur, together with the cognizance/summoning order dated 06.11.2024 of the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 6, Ghazipur. Counsel noted the applicant was not arrested during investigation, the charge-sheet had been submitted against him, and the offence is punishable up to 7 years imprisonment. The court refused the quashing prayer, permitted withdrawal of the application, and granted liberty to seek regular bail before the competent court, directing that any 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: charge-sheeted on appearance — may be decided without physical custody or with interim bail till decision). Application disposed of.

Neutral Citation No. - 2025:AHC:34324

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 7741 of 2025

Applicant :- Upendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh,Kaushalesh Prasad Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri J.B.Singh, learned counsel for the applicant and Sri Ashwani Kumar, 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 Case No. 43919 of 2024 (State vs. Suraj & others), arising out of Case Crime 79 of 2024, under Sections 147, 148, 323, 504, 506 452, 354 IPC, Police Station- Mardah, District- Ghazipur as well as cognizance/ summoning order dated 06.11.2024, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 6, Ghazipur.

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 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 :- 10.3.2025 MAA/-

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