Prashant Kumar Dubey And 2 Others vs State Of U.P. And Another
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Allahabad High Court

Prashant Kumar Dubey 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:44292
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 9393 of 2025
 

 
Applicant :- Prashant Kumar Dubey And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lal Vijai Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Lal Vijai Singh, learned counsel for the applicants, Shri R.K. Singh, 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 applicants to quash the order dated 13.2.2025 passed by Chief Judicial Magistrate, Bulandshahr in Criminal Misc. Case No. 2397 of 2024, arising out of case crime No. 365 of 2024, whereby allowing the Protest Petition and summoning the applicant Nos. 1 & 2 under Sections 333, 115(2), 351(2), 352, 76 of B.N.S. (Sections 452, 323, 504, 506, 354-B, I.P.C.) and applicant No. 3 under Sections 333, 115(2), 351(2), 352 of B.N.S. (Sections 452, 323, 504, 506, I.P.C.), Police Station- Anoop Shahar, District- Bulandshahr.

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

T. Sinha