Allahabad High Court
PINTU @ PINTU KUMAR AND 5 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 seeking to quash the criminal proceedings is dismissed.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Criminal Case No. 246 of 2025) arising from offences under Sections 115(2), 352, 351(2) and 3(5) of the same Act. The counsel argued that the applicants 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 refused the prayer to quash the proceedings. The applicants were allowed to withdraw the application and were given liberty to file a regular bail application, which the Court indicated should be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category A bail applications. The application was therefore disposed of without granting the relief sought.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing the criminal proceedings is maintainable and should be allowed.
- Whether, in view of the Supreme Court’s decision in Satender Kumar Antil v. CBI, bail can be granted without physical custody for accused in Category A where a charge‑sheet has been filed.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352, 528
Subjects
- Section 528
- quash proceedings
- bail application
- Category A bail
- charge‑sheet
- criminal procedure
- discretion of court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5755 of 2026
Pintu @ Pintu Kumar And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Arvind Kumar Maurya, learned counsel for the applicants, 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 applicants to quash the entire
proceedings of Criminal Case No. 246 of 2025, arising out of Case Crime
No. 177 of 2025, under Sections 115(2), 352, 351(2), 3(5) of B.N.S., Police
Station- Kachhawa, District- Mirzapur as well as cognizance/summoning
order dated 11.12.2025, pending in the Court of Civil Judge
(J.D.)/F.T.C./Judicial Magistrate, Mirzapur.
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. 5755 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.
March 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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