Saraswati Devi And Another vs State Of U.P. And Another
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Allahabad High Court

Saraswati Devi And Another vs State Of U.P. And Another on 4 April, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:47484
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 10148 of 2025
 

 
Applicant :- Saraswati Devi And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Juned Alam
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Juned Alam, learned counsel for the applicants, Shri Vijay Kumar Mishra, learned brief holder 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 applicants to quash the entire proceedings of Criminal Case No. 21304 of 2024 (State Vs. Ujala and another) arising out of Case Crime No. 204 of 2023, under Sections 323, 504, 506 of I.P.C., Police Station- Ravindra Nagar Dhoos, District- Kushinagar as well as cognizance/summoning order dated 11.9.2024, pending in the Court of Chief Judicial Magistrate, Kushinagar at Padrauna.

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 :- 4.4.2025

T. Sinha