Allahabad High Court
SARVESH KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the criminal proceedings is dismissed.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Criminal Case No. 7096 of 2026) arising from offences under Sections 115(2), 352, 351(3) and 117(2) of the same Act. The applicant argued that he was never arrested and that the charge‑sheet had already been filed, contending that the alleged offence carried a maximum imprisonment of seven years. The High Court examined the material and rejected the prayer to quash the proceedings, holding that the application could not be entertained. The court, however, permitted the applicant to withdraw the application and to file a regular bail application, referring to the Supreme Court’s decision in Satender Kumar Antil v. CBI regarding bail for "Category A" accused whose charge‑sheet is on record. The bail application, if filed, must be decided in accordance with the Supreme Court’s observations on granting interim bail without physical custody.
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 already been filed.
- Whether the applicant is entitled to bail without being taken into physical custody under the Supreme Court’s guidelines for Category A accused.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 117(2), 351(3), 352, 528
Subjects
- quash of criminal proceedings
- Section 528
- bail
- Category A
- charge-sheet
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35103 of 2026
Sarvesh Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Bahadur Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ram Bahadur Pal, learned counsel for the applicant, Shri Alok
Mishra, 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. 7096 of 2026, arising out of Case Crime No. 231 of
2025, under Sections 115(2), 352, 351(3) & 117(2) of B.N.S., Police Station-
Jaithra, District- Etah as well as cognizance/summoning order dated
18.3.2026, pending in the Court of Judicial Magistrate/Additional Civil
Judge (J.D.), Court No. 20, Etah.
Learned counsel for the applicant 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
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
NA528 No. 35103 of 2026
2
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.
October 1, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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