Arjun Shahi Alias Arjun Kishor Shahi and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Arjun Shahi Alias Arjun Kishor Shahi and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Section 528 BNSS application and file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the charge-sheet dated 02.07.2021 and the cognizance/summoning order dated 14.12.2023 (Case Crime No. 168 of 2021) should be pursued, in view of counsel's request to withdraw it with liberty to file a regular bail application before the competent court.

Court's answer

This court permitted the application to be withdrawn and disposed of it with liberty to the applicants to file a regular bail application before the court of competent jurisdiction.

Ratio / Principle

Any bail application filed pursuant to the granted liberty shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51: in category A (charge-sheet submitted on appearance), bail applications may be decided without the accused being taken into physical custody or by granting interim bail till the bail application is decided.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 82), single bench of Tej Pratap Tiwari, J.; Application U/S 528 BNSS No. 8767 of 2025, decided October 9, 2025. Applicants Arjun Shahi alias Arjun Kishor Shahi and 2 others sought quashing of the charge-sheet dated 02.07.2021 and the cognizance/summoning order dated 14.12.2023 passed by Civil Judge (S.D.)/A.C.J.M, Kushinagar at Padrauna, along with the entire proceedings of Case No. 25265 of 2023 (State Vs. Arjun Shahi and others) arising out of Case Crime No. 168 of 2021, under Sections 323, 504, 506, 308 IPC, Police Station Tarya Sujan, District Kushinagar; the applicants had not been arrested during investigation and the offence is punishable up to 7 years. During arguments counsel sought permission to withdraw the application with liberty to file a regular bail application; the court granted the request and disposed of the application, directing that any bail application so filed be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 (category A: bail applications of accused against whom a charge-sheet has been submitted on appearance may be decided without taking the accused into physical custody or by granting interim bail till decided).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 8767 of 2025

Arjun Shahi Alias Arjun Kishor Shahi And 2 Others

ers	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Amarendra Mani, Yadav	Mahendra Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 82

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Mahendra Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

The present application under Section 528 BNSS has been filed to quash the impugned charge sheet dated 02.07.2021 and cognizance/summoning order dated 14.12.2023 passed by Civil Judge (S.D.)/A.C.J.M, Kushinagar at Padrauna as well as entire proceedings of Case No. 25265 of 2023, (State Vs. Arjun Shahi and others) arising out of Case Crime No. 168 of 2021, under Sections 323, 504, 506, 308 of I.P.C., Police Station- Tarya Sujan, District- Kushinagar pending in the Court of Civil Judge (S.D.)/A.C.J.M, Kushinagar at Padrauna.

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 of imprisonment.

During the course of arguments, learned counsel for the applicants submitted that he may be permitted 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

NA528 No. 8767 of 2025

2

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.

(Tej Pratap Tiwari,J.)

October 9, 2025 PS

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad