Allahabad High Court
SHIV KUMAR YADAV AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application to quash the criminal proceedings is dismissed, but the applicants may file a bail application which will be decided per the Supreme Court’s Category‑A guidelines.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Criminal Case No. 33 of 2026) arising from offences under various IPC sections. They argued that they had not been arrested and that the charge‑sheet had already been filed, with the alleged offences carrying a maximum imprisonment of seven years. The Court examined the material and refused the prayer to quash the proceedings. The applicants were permitted to withdraw the application and were given liberty to file a regular bail application before a competent court. The Court directed that any bail application be decided in accordance with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category‑A cases where a charge‑sheet has been filed, 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 pending criminal proceedings where a charge‑sheet has been filed.
- Whether bail can be granted without physical custody in Category‑A cases as per the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Legislation cited
- Bail and Non Surrender (BNSS) Act — s. 528
- Indian Penal Code — s. 120-B, 323, 325, 34, 341, 504, 506
Subjects
- bail
- quash of criminal proceedings
- Section 528 BNSS
- charge‑sheet
- Category A bail
- Supreme Court precedent
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8501 of 2026
Shiv Kumar Yadav And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar Sahani
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Sri P. K. Sahani, learned counsel for the applicants, Sri Puspraj
Singh, learned brief holder for the State and perused the material on record.
2. The present application under Section 528 of BNSS has been filed to
quash the entire proceedings of Criminal Case No. 33 of 2026 arising out of
Case Crime No. 206 of 2023 under Sections 34, 323, 325, 504, 506, 341
I.P.C. against the applicant nos. 1 to 4 and under Sections 34, 323, 325, 504,
506, 341 and 120-B I.P.C. against applicant nos. 5 and 6, Police Station-
Madhuban, District-Mau as well as cognizance order dated 02.01.2026
pending in the court of A.C.J.M. Mau.
3. Learned counsel for the applicants 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 wants 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 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
NA528 No. 8501 of 2026
2
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 19, 2026
SY
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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