Allahabad High Court
PAPPU @ RAM ACHAL @ RAM ACHAL VERMA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court refused to quash the criminal proceedings and disposed of the Section 528 application, granting liberty to file a regular bail application.
Summary
The Allahabad High Court considered an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita filed by Pappu @ Ram Achal Verma and others seeking to quash the criminal proceedings (Criminal Case No. 389 of 2025) arising from alleged offences under Sections 191(2), 115(2), 351(3) and 110 of the BNS. The applicants argued that they had not been arrested and that the charge‑sheet had already been filed, contending that the offence carried a maximum sentence of seven years. The Court examined the material and refused the prayer to quash the case, allowing the applicants to withdraw the application and file a regular bail petition. The judgment referred to the Supreme Court’s decision in Satender Kumar Antil v. CBI (2022) 10 SCC 51, noting that for “Category A” accused whose charge‑sheet is filed, bail may be granted without physical custody. The application was therefore disposed of, with liberty to seek bail in accordance with the Supreme Court’s observations.
Issues considered
- Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash pending criminal proceedings is maintainable in the present facts.
- Whether bail can be granted to a Category A accused without physical custody after the charge‑sheet has been filed.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 110, 115(2), 191(2), 351(3), 528
Subjects
- Section 528 application
- quash of criminal proceedings
- bail
- Category A accused
- charge‑sheet
- discretion of court
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 30958 of 2026
Pappu @ Ram Achal @ Ram Achal Verma And 4
Others .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Pradeep Chauhan, learned counsel for the applicants, Shri B.N.
Upadhyay, learned Brief Holder for the State and perused the material on
record.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of
Criminal Case No. 389 of 2025, arising out of Case Crime No. 471 of
2024, under Sections 191(2), 115(2), 351(3), 110 of BNS, Police Station-
Jhunsi, District- Prayagraj, as well as cognizance/ summoning order dated
4.5.2026, pending in the Court of ACJM, Court No.5, Allahabad.
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
NA528 No. 30958 of 2026
2
judgment rendered by the Supreme Court in Satender Kumar Antil Vs.
Central 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.
(Sanjay Kumar Pachori,J.)
September 9, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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