Allahabad High Court
SANJU @ BACHCHA BALMIKIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the proceedings is dismissed, and the applicant may withdraw it and seek bail as per Supreme Court guidelines for Category A offences.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Case No. 44531 of 2026) pending before the Chief Judicial Magistrate, Kanpur Nagar. The applicant argued that he had not been arrested and that the charge‑sheet had already been filed for an offence punishable with up to seven years' imprisonment. The 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 directed that any bail application be decided in accordance with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category A offences, where bail may be granted without physical custody. Consequently, the application was 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 where a charge‑sheet has been filed.
- Whether bail can be granted without physical custody for a Category A offence after the charge‑sheet is filed.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 351(3), 352, 528, 74, 75(2), 78(2)
Subjects
- Section 528
- quash of criminal proceedings
- bail
- Category A offence
- charge‑sheet
- discretion of court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 31035 of 2026
Sanju @ Bachcha Balmiki
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay, Lalit Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Shiv Murti Kushwaha, Advocate, holding brief of Shri Lalit
Singh, learned counsel for the applicants, Shri M.P. 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. 44531 of 2026 (State Vs. Sanju @ Bachcha Balmiki)
arising out of Case Crime No. 108 of 2026, under Sections 74, 75(2), 78(2),
352, 351(3) of BNS, Police Station- Chakeri, District- Kanpur Nagar as well
as cognizance/summoning order dated 05.05.2026, pending in the Court of
Chief Judicial Magistrate, Kanpur Nagar.
Learned counsel for the applicants submits that applicant was not arrested
during the course of investigation and the charge-sheet have 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. 31035 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 30, 2026
KJ
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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