Allahabad High Court
SANJU @ SANJAY DIXIT AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEVENDRA SINGH I
Holding
The application under Section 528 BNSS to quash the charge‑sheet was refused.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash charge‑sheet No. 382 of 2022 filed in a case of offences under Sections 452, 323 and 325 of the Indian Penal Code. The charge‑sheet was filed despite the applicants not having been arrested during investigation, and the offences carry a maximum imprisonment of seven years. The High Court examined the material and refused the prayer to quash the charge‑sheet. The applicants were allowed to withdraw the application and were given liberty to file a regular bail application before a competent court. The Court indicated that any bail application would be decided in accordance with the Supreme Court’s observations in Satender Kumar Antil v. CBI, particularly the “Category A” approach allowing bail without physical custody. The application was consequently disposed of.
Issues considered
- Whether an application under Section 528 of the BNSS can be entertained to quash a charge‑sheet filed against persons who were not arrested during investigation
- Whether the charge‑sheet filed under Sections 452, 323 and 325 IPC is liable to be set aside
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 323, 325, 452
Subjects
- Section 528 BNSS
- quash charge‑sheet
- bail application
- Category A bail
- Indian Penal Code
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52357 of 2025
Sanju @ Sanjay Dixit And 3 Others
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the parties and perused the material on
record.
2. The present application under Section 528 of BNSS has been filed
to quash the impugned charge-sheet No.382 of 2022 dated
23.8.2022, arising out of Case Crime No. 560 of 2022, under
Sections 452, 323, 325 of I.P.C., Police Station- Sikandra, District-
Agra as well as cognizance/ summoning order dated 7.8.2023,
pending in the Court of Chief Judicial Magistrate, Agra.
3. Learned counsel for the applicant submits that applicants were not
arrested during the course of investigation and the charge-sheet has
been submitted against them. It is further submitted that the offences
are punishable up to 7 years imprisonment.
4. Upon considering the facts and circumstances of the case, the
prayer made by learned counsel for the applicants is, hereby,
refused.
5. After some arguments, learned counsel for the applicants want to
withdraw the application with liberty to file a regular bail application
before the court of competent jurisdiction.
6. In case bail application is filed by the learned counsel for the
applicants, the same shall be decided in the light of the observations
NA528 No. 52357 of 2025
2
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.
7. The application stands disposed of with the aforesaid liberty.
March 9, 2026
S. Singh
(Devendra Singh-I,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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