Allahabad High Court
VIJAY BAHADUR SAROJversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the criminal proceedings is dismissed, but the applicant may withdraw it and file a bail application.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash Criminal Case No. 550 of 2025, which arose from an alleged offence under Section 325 of the same Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960. The applicant argued that he was never arrested and that a charge‑sheet had already been filed, contending that the offence carried a maximum imprisonment of seven years. The High Court examined the material and refused the prayer to quash the proceedings, allowing the applicant to withdraw the application and instead file a regular bail petition. The Court indicated that any bail application would 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 after a charge‑sheet is filed. The application was therefore disposed of, with liberty to seek bail.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained to quash the criminal proceedings.
- Whether the applicant, having a charge‑sheet filed and not being arrested, is entitled to bail without physical custody under the Supreme Court’s Category A guidelines.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 325, 528
- Prevention of Cruelty to Animals Act, 1960 — s. 11
Subjects
- quash
- criminal procedure
- Section 528
- bail
- Category A
- charge‑sheet
- non‑arrest
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14000 of 2026
Vijay Bahadur Saroj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranjeet
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Supplementary affidavit filed today by learned counsel for the applicant is
taken on record.
Sri Ranjeet, learned counsel for the applicant, Shri B.N. Upadhyay, 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. 550 of 2025, arising out of Case Crime No. 252 of
2025, under Section 325 of B.N.S. & Section 11 of The Prevention of
Cruelty to Animals Act, 1960, Police Station- Sujanganj, District- Jaunpur as
well as cognizance/summoning order dated 15.12.2025, pending in the Court
of Additional Chief Judicial Magistrate, Court No. 14, Jaunpur.
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 judgment
rendered by the Supreme Court in Satender Kumar Antil Vs. Central
NA528 No. 14000 of 2026
2
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.
The application stands disposed of with the aforesaid liberty.
May 6, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
Checking your session…