Allahabad High Court
SHER SINGH @ SHER BAHADUR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the proceedings was dismissed, but the applicant was allowed to withdraw it and file a bail application.
Summary
The applicant, Sher Singh, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Case No. 9422 of 2022) pending before the Additional Chief Judicial Magistrate, Etah, which involved offences under Sections 420 and 120‑B of the IPC and Sections 3 and 7 of the Essential Commodities Act. The applicant argued that he had not been arrested and that the charge‑sheet had already been filed, contending that the offence carried a maximum imprisonment of seven years. The High Court examined the material and rejected the prayer to quash the case. The court, however, permitted the applicant to withdraw the application and to file a regular bail application, referring to the Supreme Court’s decision in Satender Kumar Antil v. CBI regarding bail for “Category A” accused where a charge‑sheet is on record. The bail application, if filed, may be decided without taking the accused into physical custody, in line with the Supreme Court’s observations. The application was therefore disposed of.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the criminal proceedings is maintainable
- Whether the applicant is entitled to bail without physical custody under the Supreme Court’s Category A guidelines
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Essential Commodities Act — s. 3, 7
- Indian Penal Code — s. 120-B, 420
Subjects
- quash proceedings
- Section 528
- bail
- Category A
- charge-sheet
- IPC
- Essential Commodities Act
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16104 of 2026
Sher Singh @ Sher Bahadur Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dalvir Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Dalvir Singh, learned counsel for the applicant and Sri Pusp Raj Singh,
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. 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 Station- Mayagaon, District- Etah as well as
cognizance/summoning order dated 03.08.2022, pending in the Court of
Additional Chief Judicial Magistrate, Court No. 17, Etah.
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 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
NA528 No. 16104 of 2026
2
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 18, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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