Allahabad High Court
GIRISH PURI @ GIRISHversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the criminal proceedings is refused.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash criminal proceedings (Case No. 5753 of 2023) arising from offences under Sections 420, 408 and 506 of the IPC. The applicant contended that he was never arrested and that the charge‑sheet had already been filed, with the alleged offence carrying a maximum sentence of seven years. The High Court examined the material and rejected the prayer to quash the proceedings, noting that the case involved multiple facts and was not a single‑fact matter. The applicant was permitted to withdraw the application and was given liberty to file a regular bail application before a competent court. The court directed that any bail application be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category A cases, where bail may be granted without physical custody or on an interim basis.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be entertained to quash the pending criminal proceedings.
- Whether the applicant is entitled to bail without being taken into physical custody, given that a charge‑sheet has been filed.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 408, 420, 506
Subjects
- quash
- Section 528
- bail
- Category A
- IPC
- criminal proceedings
- interim bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35110 of 2026
Girish Puri @ Girish
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pawankumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Pawan Kumar Dubey, learned counsel for the applicant, Shri
Rahul Pandey, 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. 5753 of 2023, arising out of Case Crime No. 13 of
2020, under Sections 420, 408, 506 of I.P.C., Police Station- Majhola,
District- Moradabad as well as cognizance/summoning order dated
11.3.2022, pending in the Court of Chief Judicial Magistrate, Moradabad.
Learned counsel for the applicant fairly admits that there are several facts
and the case is not related on one fact.
It is further submitted 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
NA528 No. 35110 of 2026
2
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.
October 1, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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