Allahabad High Court
GYANENDRA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the criminal proceedings under Section 528 BNSS is dismissed.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Criminal Case No.4217 of 2025) pending before the Chief Judicial Magistrate, Fatehpur. They argued that they had not been arrested and that the charge‑sheet had already been filed, contending that the alleged offences carried a maximum imprisonment of seven years. The Court examined the request and refused to quash the proceedings, allowing the applicants to withdraw the application and file a regular bail petition. The Court directed that any bail application be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category A cases, where bail may be granted without physical custody. Consequently, the application was disposed of with liberty to seek bail.
Issues considered
- Whether the criminal proceedings can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether the applicants are entitled to bail under the Supreme Court’s guidelines in Satender Kumar Antil v. CBI for Category A cases.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 147, 323, 504, 506
Subjects
- quash of criminal proceeding
- Section 528 BNSS
- bail
- Category A
- Supreme Court precedent
- IPC offences
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10953 of 2026
Gyanendra And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Sri Manoj Kumar Verma, learned counsel for the applicants, and
Sri B.N. Upadhyay, learned brief holder for the State.
2. The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicants to quash the entire
proceeding of Criminal Case No.4217 of 2025 (State of U.P. vs. Raj
KIshor and Others), arising out of Case Crime No.152 of 2023, under
Sections 147, 506 of I.P.C. against applicant no.1 and under Sections 147,
323, 504 and 506 of I.P.C. against the applicant nos.2 and 3, Police
Station-Kalyanpur, District-Fatehpur as well as cognizance/summoning
order dated 19.04.2025, pending in the court of Chief Judicial Magistrate,
Fatehpur.
3. 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.
4. Upon considering the facts and circumstances of the case, the prayer
made by learned counsel for the applicants is, hereby, refused.
5. 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.
6. In case bail application is filed by the learned counsel for the
NA528 No. 10953 of 2026
2
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 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.
7. The application stands disposed of with the aforesaid liberty.
(Sanjay Kumar Pachori,J.)
March 19, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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