Allahabad High Court
SANI BATRA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the proceedings was dismissed, and the applicants were permitted to withdraw it and 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. 918 of 2026) pending before the Judicial Magistrate, Mawana, Meerut, where a charge‑sheet had already been filed against them for offences punishable up to seven years. The counsel argued that the applicants had not been arrested during investigation. 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 accordance 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. 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 applicants are entitled to bail without being taken into physical custody under the Category A framework laid down by the Supreme Court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 131, 324(4), 351(2), 352
Subjects
- Section 528
- quash proceedings
- bail
- Category A
- charge-sheet
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35294 of 2026
Sani Batra And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the applicants, Shri A.K.
Rai, 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 applicants to quash the entire
proceedings of Criminal Case No. 918 of 2026, arising out of Case Crime
No. 9 of 2026, under Sections 115(2), 131, 324(4), 351(2), 352, 117(2),
BNS, Police Station- Bahsuma, District- Meerut as well as
cognizance/summoning order dated 3.8.2026, pending in the Court of
Judicial Magistrate, Mawana, Meerut.
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
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. 35294 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.
September 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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