Allahabad High Court
ISHWAR CHAND GUPTA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 seeking to quash the proceedings was dismissed, and the applicants were permitted to withdraw it and file a bail application.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Case No. 1498 of 2026) arising from offences under Sections 115(2), 117(2) and 352 IPC. They argued that they had not been arrested and that the charge‑sheet had already been filed, with the offence carrying a maximum imprisonment of seven years. The High Court examined the material and refused the prayer to quash the proceedings, allowing the applicants 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 cases, where bail may be granted without physical custody. Consequently, the application was dismissed with liberty to seek bail.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be entertained to quash criminal proceedings when a charge‑sheet has already been filed and the accused have not been arrested.
- Whether the court should entertain a bail application for a Category A accused without taking the accused into physical custody.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 352
Subjects
- quash proceedings
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- bail
- Category A
- charge‑sheet
- discretion of court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29200 of 2026
Ishwar Chand Gupta And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mishra Vikas Kumar Prabhunath,
Prashant Ji Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Prashant Ji Pandey, learned counsel for the applicants, Shri
Abhishek 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 applicants to quash the entire
proceedings of Criminal Case No. 1498 of 2026, arising out of Case Crime
No. 208 of 2025, under Sections 115(2), 117(2), 352, BNS, Police Station-
Kotwali, District- Maharajganj as well as cognizance/summoning order
dated 27.2.2026, pending in the Court of Chief Judicial
Magistrate, Maharajganj.
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.
Upon considering the facts and circumstances of the case, the prayer made
by learned counsel for the applicants is, hereby, refused.
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.
In case bail application is filed by the learned counsel for the 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
NA528 No. 29200 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.
September 8, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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