Allahabad High Court
SAURABH YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court refused to quash the proceedings and dismissed the application, permitting the applicants to withdraw it and file a regular bail petition.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Case No. 911 of 2025) pending before the Additional Chief Judicial Magistrate-II, Jaunpur, arising from offences under IPC sections 323, 504 and 506. They argued that they had not been arrested and that a charge‑sheet had already been filed, with the offences carrying a maximum imprisonment of seven years. The High Court examined the request and refused to quash the proceedings, allowing the applicants to withdraw the application and file a regular bail petition. The Court directed that any bail application be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category A cases where a charge‑sheet is on record. Consequently, the application was dismissed with liberty to seek bail.
Issues considered
- Whether an application under Section 528 BNSS to quash criminal proceedings can be entertained when a charge‑sheet has been filed and the accused have not been arrested.
- 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 Section — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- bail
- quash of proceedings
- charge‑sheet
- Category A bail
- IPC offences
- High Court
- Section 528 BNSS
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8512 of 2026
Saurabh Yadav And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Saroj Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Sri Maheshwari Yadav, Advocate holding brief of Shri Saroj
Kumar Yadav, 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 Case No. 911 of 2025 (State of U.P. versus
Saurabh) arising out of Case Crime No. 380 of 2023 under Sections 323,
504, 506 I.P.C. as well as cognizance/summoning order dated 10.10.2025
pending in the court of Additional Chief Judicial Magistrate-II, Jaunpur.
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
Supreme Court considering the category(A) as mentioned in the paragraph
NA528 No. 8512 of 2026
2
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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