Disposed¶19

Sher Singh @ Sher Bahadur Singh v. State of U.P. and Another

Allahabad HC17 May 2026NA528/16104/2026

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; prayer to quash refused; withdrawal with liberty to file regular bail; applicant not arrested during investigation, charge-sheet filed; offence punishable up to 7 years; Sections 420, 120-B IPC and 3/7 Essential Commodities Act; Case Crime No. 269 of 2017; Criminal Case No. 9422 of 2022; summoning/cognizance order dated 03.08.2022; ACJM Court No. 17, Etah; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A; interim bail; Allahabad High Court; Sanjay Kumar Pachori, J.; decided May 18, 2026.

What did the court decide?

Application disposed of on withdrawal, 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 v. CBI, (2022) 10 SCC 51. ¶19

Sher Singh @ Sher Bahadur Singh Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 9422 of 2022 (arising out of Case Crime No. 269 of 2017) and the cognizance/summoning order dated 03.08.2022 passed by the ACJM, Court No. 17, Etah should be quashed under Section 528 BNSS. +1 more

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Court's answer

The prayer to quash the criminal proceedings and the cognizance/summoning order is refused.

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Ratio / Principle

The application is permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

Any bail application subsequently filed by the applicant shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, including that for category A accused (charge-sheeted on appearance) bail may be considered without physical custody or by granting interim bail till the bail application is decided.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceedings of Criminal Case No. 9422 of 2022 (arising out of Case Crime No. 269 of 2017, under Sections 420, 120-B IPC and 3/7 Essential Commodities Act, Police Station Mayagaon, District Etah) and the cognizance/summoning order dated 03.08.2022 of the ACJM, Court No. 17, Etah. The quashing prayer was refused. The application was permitted to be withdrawn with liberty to file a regular bail application, which is to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — category A: where charge-sheet has been submitted on appearance, bail may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 16104 of 2026

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Sher Singh @ Sher Bahadur Singh

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.....Applicant(s)

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Versus

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State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Dalvir Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 76

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Dalvir Singh, learned counsel for the applicant and Sri Pusp Raj Singh, brief holder for the State and perused the material on record.

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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. 9422 of 2022 arising out of Case Crime No. 269 of 2017, under Sections 420, 120-B of I.P.C. and 3/7 of Essential Commodities Act, Police StationMayagaon, DistrictEtah as well as cognizance/summoning order dated 03.08.2022, pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Etah.

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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.

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

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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.

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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 judgment rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the

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NA528 No. 16104 of 2026

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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 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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May 18, 2026 Ishan

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(Sanjay Kumar Pachori,J.)

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

Sher Singh @ Sher Bahadur Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sher Singh @ Sher Bahadur Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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