Allahabad High Court
KAILASH CHANDRA PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the criminal proceedings was refused, and the applicant was permitted to withdraw the application and seek bail.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash criminal proceedings (Case No. 6719 of 2025) that were based on Sections 115(2), 352 and 351(3) of the same Act. The applicant argued that he had not been arrested and that a charge‑sheet had already been filed against him for an offence punishable with up to seven years’ imprisonment. The High Court examined the material and refused the prayer to quash the proceedings, allowing the applicant to withdraw the application and 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 bail, where bail may be granted without physical custody. The application was therefore disposed of with liberty to seek bail.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained to quash pending criminal proceedings.
- Whether bail can be granted to an accused whose charge‑sheet has been filed, without physical custody, under the Category A guidelines of the Supreme Court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 351(3), 352, 528
Subjects
- quash of criminal proceedings
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- bail
- Category A bail
- charge‑sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29188 of 2026
Kailash Chandra Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Srivastav, Indradeep Dubey,
Rajesh Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Gaurav Srivastava, learned counsel for the applicant and Sri Alok
Kumar, learned A.G.A. 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. 6719 of 2025 arising out of Case Crime No. 46 of
2025, under Sections 115(2), 352, 351(3) of B.N.S., Police Station-
Dumariyaganj, District- Siddharthnagar as well as cognizance/summoning
order dated 30.05.2025, pending in the Court of Chief Judicial Magistrate,
Siddharthnagar.
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
NA528 No. 29188 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.
September 8, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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