Allahabad High Court
MOHAMMAD SHAFIQversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the criminal proceedings is refused and the application is disposed of, with liberty to file a bail application.
Summary
The applicant, Mohammad Shafiq, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Criminal Case No. 15104 of 2026) arising from an alleged offence under Section 420 IPC. The applicant argued that he had not been arrested and that the charge‑sheet had already been filed, contending that the offence carried a maximum imprisonment of seven years. The High Court examined the material and rejected the prayer to quash the proceedings, directing that the application be withdrawn and granting liberty to file a regular bail application. The Court further indicated that any bail application would be decided in accordance with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) concerning Category A cases, allowing bail without physical custody. Consequently, the application was disposed of with the liberty to seek bail.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, to quash criminal proceedings is maintainable in the present facts.
- Whether the applicant is entitled to bail under the Category A guidelines laid down by the Supreme Court in Satender Kumar Antil v. CBI.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 420
Subjects
- quash of criminal proceedings
- bail
- Section 528
- Category A bail
- IPC 420
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36849 of 2026
Mohammad Shafiq
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Amit Kumar, learned counsel for the applicant, Shri Ashwani
Kumar 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 applicant to quash the entire
proceedings of Criminal Case No. 15104 of 2026 (State Vs. Mohammad
Shafiq) arising out of Case Crime No. 465 of 2023, under Sections 420 of
I.P.C., Police Station- Bilari, District-Moradabad as well as
cognizance/summoning order dated 6.4.2026, pending in the Court of
Additional Chief Judicial Magistrate, Court No. 1, Moradabad.
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. 36849 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 11, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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