Allahabad High Court

Hanslal And 2 Others vs State Of U.P. And Another on 1 April, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44394
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 10405 of 2025
 

 
Applicant :- Hanslal And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Harinank Mauli Vikram Dwivedi,Harish Chandra Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Harish Chandra Mishra, learned counsel for the applicants and Sri B.N. Upadhyay, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the entire proceedings of Criminal Case No. 4 of 2025, (State of U.P. Vs. Hanslal and others) arising out of Case Crime No. 7 of 2024, under Sections 147, 148, 323, 504, 506, 427, 452 of I.P.C., Police Station- Karari, District- Kaushambi, as well as cognizance/ summoning order 02.01.2025 pending in the Court of Civil Judge Junior Division/ Fast Track Court, Kaushambi.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. 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 applicants is, hereby, refused.

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.

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 judgments 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 except 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.

Order Date :- 1.4.2025

Ishan