Allahabad High Court
MATUL GUPTA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS to quash the proceedings was dismissed, with liberty granted to withdraw the application and file a regular bail petition.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Criminal Case No. 8480 of 2025) arising from an FIR dated 27.08.2024. The charge‑sheet had already been filed against them, though they had not been arrested, and the alleged offences carried a maximum imprisonment of seven years. The court examined the request to dismiss the proceedings and, after hearing counsel, refused the prayer to quash the case. The applicants were permitted to withdraw the application and were advised that any bail application would be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI (2022) regarding Category A offences. Consequently, the application was disposed of without granting the relief sought.
Issues considered
- The applicability of Section 528 of the BNSS to quash pending criminal proceedings where a charge‑sheet has been filed but the accused have not been arrested.
- Whether the court should entertain a bail application for Category A offences without physical custody of the accused, as per the Supreme Court’s guidelines in Satender Kumar Antil v. CBI.
Legislation cited
- B.N.S. (Bihar Narcotic and Substance) Act — s. 528
Subjects
- Section 528
- BNSS
- quash proceedings
- charge‑sheet
- bail
- Category A offences
- interim bail
- judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8599 of 2026
Matul Gupta And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Sri Om Prakash Singh, learned counsel for the applicants and Sri
Abhishek Kumar, learned A.G.A. 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. 8480 of 2025 (State
versus Matul Gupta and Others), arising out of F.I.R. No. 0261 of 2024
dated 27.08.2024 under Sections 191(2), 115(2), 352, 351(3), B.N.S. (old
sections 147, 323, 507 and 504 I.P.C.) at Police Station-Ubhaon, District-
Ballia as well as cognizance/ summoning order dated 13.08.2025, pending in
the Court of Judicial Magistrate II, Ballia.
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.
NA528 No. 8599 of 2026
2
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.
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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