Allahabad High Court
GAJENDRA AND 21 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 seeking to quash the proceedings was dismissed, but the applicants were permitted to file a regular bail application.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Case No. 7188 of 2026) arising from offences under Sections 115(2), 352, 191(2), 117 and 118(1) of the same Act. They argued that they had not been arrested and that a charge‑sheet had already been filed, with the alleged offence punishable up to seven years imprisonment. The High Court examined the material and refused the prayer to quash the proceedings, allowing the applicants to withdraw the application and file a regular bail petition. The Court indicated that any bail application would be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI, where bail for "Category A" accused whose charge‑sheet is on record may be granted without physical custody. The application was therefore dismissed with liberty to seek bail.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained to quash the pending criminal proceedings.
- Whether the accused, whose charge‑sheet has been filed and who belongs to Category A, are entitled to bail without being taken into physical custody.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 117, 118(1), 191(2), 352, 528
Subjects
- Section 528
- quash of criminal proceedings
- bail
- Category A
- charge‑sheet
- discretion of court
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34738 of 2026
Gajendra And 21 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shriman Narayan Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Shriman Narayan Tiwari, learned counsel for the applicant and Ms.
Saumya Madhyan, 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. 7188 of 2026 arising out of Case Crime No. 192 of
2025, under Sections 115(2), 352, 191(2), 117, 118(1) of B.N.S., Police
Station- Kagaraul, District- Agra as well as cognizance/summoning order
dated 13.05.2026 pending in the Court of Additional Chief Judicial
Magistrate, Court No. 13, Agra.
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. 34738 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 9, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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