Allahabad High Court
ANIL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the proceedings was refused, and the matter was disposed, with liberty to 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 (Criminal Case No. 5946 of 2025) pending before the Judicial Magistrate, Azamgarh, arising from offences under Sections 323, 504 and 506 of the IPC. The applicants argued that they had not been arrested and that the charge‑sheet had already been filed, with the alleged offence carrying a maximum imprisonment of seven years. The High Court examined the material and refused the prayer to quash the proceedings, but allowed the applicants to withdraw the application and to file a regular bail application. The Court directed that any bail application be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) 10 SCC 51, which permit bail for "Category A" accused without physical custody. The application was therefore disposed of, 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 where a charge‑sheet has already been filed.
- Whether the court should grant bail to the accused without physical custody under the "Category A" principle laid down by the Supreme Court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- quash proceedings
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- bail
- Category A
- charge-sheet
- IPC offences
- judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34705 of 2026
Anil And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar, Ramesh Chandra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Ramesh Chandra Yadav, learned counsel for the applicants,
Shri Puspraj Singh, learned Brief Holder 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. 5946 of 2025 (State Vs. Anil and
others) arising out of Case Crime No. 276 of 2023, under Sections 323,
504, 506 of I.P.C., Police Station- Gambhirpur, District- Azamgarh as
well as cognizance/summoning order dated 5.2.2025, pending in the
Court of Judicial Magistrate, Court No. 15, Azamgarh.
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,
NA528 No. 34705 of 2026
2
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 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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