Dayashankar Mishra And 3 Others vs State Of U.P. And Another
2025 Latest Caselaw 92 ALL

Allahabad High Court

Dayashankar Mishra And 3 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:44529
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 10454 of 2025
 

 
Applicant :- Dayashankar Mishra And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Om Prakash Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Om Prakash Shukla, learned counsel for the applicants and Sri Vijay Kumar Mishra, 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. 109170 of 2024, (State Vs. Dayashankar Mishra and others) arising out of Case Crime No. 75 of 2023, under Sections 323, 504, 506, 452, 325 of I.P.C., Police Station- Kapsethi, District- Varanasi, as well as cognizance/ summoning order 27.09.2024 pending in the Court of Additional Chief Judicial Magistrate, IIIrd, Varanasi.

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