Allahabad High Court
LAVKUSH AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the criminal proceedings under Section 528 is dismissed.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Case No. 6102 of 2025) arising from offences under Sections 191(2), 324(2), 115(2), 352 and 351(2) of the same Act. The court noted that the applicants had not been arrested and that a charge‑sheet had already been filed, with the alleged offence punishable up to seven years imprisonment. After hearing arguments, the court 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, which would be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding bail for “Category A” accused. The application was therefore disposed of without any order of quash. The judgment also reiterated that discretion should favour the accused in such bail matters.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the criminal proceedings is maintainable.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 191(2), 324(2), 351(2), 352, 528
Subjects
- quash
- Section 528
- bail
- criminal procedure
- charge-sheet
- Category A
- discretion
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33708 of 2026
Lavkush And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manvendra Singh, Prabhat Chandra
Sahoo
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Manvendra Singh, learned counsel for the applicant and Sri Chavipal
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. 6102 of 2025 arising out of Case Crime No. 42 of
2025, under Sections 191(2), 324(2) 115(2), 352, 351(2) of B.N.S., Police
Station- Asothar, District- Fatehpur as well as cognizance/summoning order
dated 23.05.2025, pending in the Court of Additional Chief Judicial
Magistrate, court no. 3, Fatehpur.
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. 33708 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 17, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
Checking your session…