Allahabad High Court
DEEPAK @ MADANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the proceedings was refused.
Summary
The applicant, Deepak @ Madan, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Criminal Case No. 2149 of 2023) arising from alleged offences under Sections 323 and 325 of the Indian Penal Code. The applicant admitted that the charge had been framed, that he was not arrested during investigation, and that a charge‑sheet had been filed against him for an offence punishable with up to seven years’ imprisonment. The court examined the request to quash the case and, after considering the material, refused the prayer. The applicant was allowed to withdraw the application and, if desired, file a regular bail application, which would be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI regarding Category A bail applications. 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 quash the criminal proceedings when a charge‑sheet has already been filed.
- Whether the applicant is entitled to bail without physical custody under the Category A guidelines laid down by the Supreme Court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 323, 325
Subjects
- quash of criminal proceedings
- Section 528
- bail
- Category A bail
- charge‑sheet
- discretion of court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5780 of 2026
Deepak @ Madan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivarchan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Shivarchan Mishra, 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. 2149 of 2023, arising out of Case Crime No. 478 of
2022, under Sections 323, 325 of I.P.C., Police Station- Saini, District-
Kaushambi as well as cognizance/summoning order dated 9.9.2024, pending
in the Court of Chief Judicial Magistrate, Kaushambi.
Learned counsel for the applicant fairly admits that the charge has been
framed. He further submits 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
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
NA528 No. 5780 of 2026
2
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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