Allahabad High Court
DEEPAKversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 to quash the proceedings was refused, and the applicant was permitted to withdraw the application and seek bail.
Summary
The applicant filed an application under Section 528 of the BNSS seeking to quash the entire proceedings in State vs Horilal (Case No. 413 of 2025) arising from a crime case under multiple sections of the BNS. The applicant argued that he was never arrested and that the charge‑sheet had been filed against him for offences punishable with up to seven years’ imprisonment. The Court examined the material and refused the prayer to quash the proceedings, but allowed the applicant to withdraw the application and file a regular bail petition. The Court indicated that any bail application would be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI, where bail for “Category A” accused whose charge‑sheet is on record 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 BNSS to quash pending criminal proceedings is maintainable in the circumstances described.
- Whether the applicant is entitled to bail without being taken into physical custody, given that a charge‑sheet has been filed and the offences fall within ‘Category A’ as per Supreme Court jurisprudence.
Legislation cited
Subjects
- Section 528
- BNSS
- quash proceedings
- bail
- Category A
- charge‑sheet
- discretion of court
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6586 of 2026
Deepak
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Ram Kumar Dubey, learned counsel for the applicant and Sri
B.N. Upadhyay, learned Brief holder for the State and perused the
material on record.
The present application under Section 528 of BNSS has been filed to
quash the entire proceedings of Case No. 413 of 2025, (State Vs. Horilal
and others) arising out of Case Crime No. 315 of 2024, under Sections
191(2), 190, 115(2), 352, 351(3), 121(1), 125, 132, 117(2) of BNS, Police
Station- Aadampur, District- Amroha, as well as cognizance/ summoning
order 24.06.2025, pending in the Court of C.J.M., Amroha.
Learned counsel for the applicant submits that applicant was not arrested
during the course of investigation and the charge-sheet has been
submitted against him. It is further submitted that the offences are
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 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
NA528 No. 6586 of 2026
2
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
A.N. Mishra
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad
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