Allahabad High Court

Raj 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:44291
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 9428 of 2025
 

 
Applicant :- Raj
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Devendra Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Devendra Kumar Shukla, learned counsel for the applicant, 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 applicant to quash the entire proceedings of Criminal Case No. 1217 of 2023 (State Vs. Raj) arising out of Case Crime No. 76 of 2021, under Sections 279, 337, 338, 304-A of I.P.C., Police Station- Madawara, District- Lalitpur as well as cognizance/summoning order dated 16.8.2023, pending in the Court of Additional Chief Judicial Magistrate, Lalitpur.

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

After some arguments, learned counsel for the applicant 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 applicant, 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