Ramdular And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Ramdular And 3 Others vs State Of U.P. And Another on 29 July, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:125394
 
Court No. - 74
 

 
Case :- APPLICATION U/S 528 BNSS No. - 25683 of 2025
 

 
Applicant :- Ramdular And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Yogesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Yogesh Kumar Singh, learned counsel for the applicants and Sri A.K. Rai, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Complaint Case No. 1101 of 2023, under Sections 323, 504 & 354 of I.P.C. against applicant no. 1 and under Sections 323 and 504 IPC against applicant nos. 2, 3 and 4 , Police Station- Kotwali Dehat, District- Mirzapur as well as cognizance/ summoning order dated 28.03.2025, pending in the Court of Civil Judge (J.D)/FTC, Mirzapur.

Learned counsel for the applicants 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 for the applicant no. 1 before the court of competent jurisdiction and he does not want to press this application for applicant nos. 2, 3 and 4.

In case bail application is filed by the learned counsel for the applicants for the applicant no. 1, the same shall be decided in the light of the observations made in the judgment 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 expect a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of for applicant no. 1 with the aforesaid liberty.

The present application for applicant nos. 2, 3 and 4 is dismissed as not pressed with liberty to file appropriate application/proceedings/bail application before the court of competent jurisdiction.

Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same.

Order Date :- 29.7.2025

MAA/-