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Allahabad High Court

PRADEEP KUMAR SIROHIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application to quash the criminal proceedings is dismissed, but the applicant is permitted to withdraw it and file a bail application.

Summary

The applicant, Pradepe​d Kumar Sirohi, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Case No. 585 of 2025) pending before the Additional Civil Judge, Ghaziabad. He argued that he was never arrested and that the charge‑sheet had already been filed for an offence punishable with up to seven years’ imprisonment. The High Court examined the material and rejected the prayer to quash the case. The Court allowed the applicant to withdraw the application and granted him liberty to file a regular bail application, referring to the Supreme Court’s decision in Satender Kumar Antil v. CBI (2022) regarding bail for "Category A" offences where a charge‑sheet is on record. The application was therefore disposed of without quashing the criminal proceedings.

Issues considered

  • Whether an application under Section 528 of the BNSS can be entertained to quash pending criminal proceedings.
  • Whether bail can be granted without physical custody for a Category A offence where a charge‑sheet has been filed.

Legislation cited

Subjects

  • quash proceedings
  • Section 528
  • BNSS
  • bail
  • Category A offence
  • charge‑sheet
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 8598 of 2026

Pradeep Kumar Sirohi
                                                               .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                      :   Ritesh Kumar Singh
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 74
               HON'BLE SANJAY KUMAR PACHORI, J.

Supplementary affidavit filed today, which is taken on record.

Sri Pradeep Kumar Tiwari, Advocate holding brief of Sri Ritesh Kumar
Singh, learned counsel for the applicant and Sri 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 applicant to quash the entire proceedings
of Criminal Case No. 585 of 2025 arising out of Case Crime No. 124 of
2025, under Sections 115(2), 352, 351(2), 126(2) of B.N.S., Police Station-
Madhuban       Bapudham,       District-    Ghaziabad       as     well    as
cognizance/summoning order dated 11.08.2025, pending in the Court of
Additional Civil Judge (Senior Division), Court No. 2, Ghaziabad.

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 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
                                                                                            NA528 No. 8598 of 2026
                                                                     2


                                    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 exercise of discretion on the
                                    part of the court in favour of the accused.

                                    The application stands disposed of with the aforesaid liberty.

                                    March 19, 2026
                                    Ishan
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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