Allahabad High Court
ASHOK AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the criminal proceedings is dismissed, and the applicants may 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 criminal proceedings (Criminal Case No. 15546 of 2025) arising from multiple offences under sections 115(2), 316(2), 324(2), 351(3) and 333. The applicants argued that they had not been arrested and that a charge‑sheet had already been filed, with the offence carrying a maximum imprisonment of seven years. The Court examined the material and refused the prayer to quash the proceedings. The applicants were permitted to withdraw the application and were given liberty to file a regular bail application. 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 a charge‑sheet is on record. The application was therefore disposed of with the 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 bail can be granted without physical custody in a Category A case where a charge‑sheet has been filed.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 316(2), 324(2), 333, 351(3), 528
Subjects
- quash
- Section 528
- bail
- Category A
- charge-sheet
- criminal proceedings
- discretion
- Bhartiya Nagrik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29296 of 2026
Ashok And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Daksha Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Daksha Yadav, learned counsel for the applicants and Sri Chavi Pal
Singh, 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. 15546 of 2025 arising out of Case Crime No. 120 of
2025, under Sections 115(2), 316(2), 324(2), 351(3), 333 of B.N.S. against
applicant no. 1 and under Sections 115(2), 324(2), 351(3), 333 of B.N.S.
against the applicant nos. 2 and 3, Police Station- Syohara, District- Bijnor
as well as cognizance/summoning order dated 10.11.2025, ending in the
Court of C.J.M., Bijnor.
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
NA528 No. 29296 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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