Anarkali And 5 Others vs State Of U.P. And Another
2025 Latest Caselaw 1174 ALL

Allahabad High Court

Anarkali And 5 Others vs State Of U.P. And Another on 2 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:94423
 
Court No. - 50
 

 
Case :- APPLICATION U/S 528 BNSS No. - 5225 of 2025
 

 
Applicant :- Anarkali And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinay Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Hemant Kumar Dubey
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Vinay Kumar Mishra, learned counsel for the applicants, Sri Hemant Kumar Dubey, learned counsel for the Opposite Party No.2 and Sri Madvendra Pratap Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 8362 of 2023, (State Vs. Sudarshan and Others) arising out of Case Crime No. 434 of 2023, under Sections 147, 148, 149, 332, 188, 323, 325, 452, 353, 427, 504 and 506 of I.P.C., Police Station- Rampur Karkhana, District- Deoria, as well as cognizance/ summoning order 27.06.2023, pending in the Court of Chief Judicial Magistrate, Court No. 17, Deoria.

So far as the applicant Nos. 1, 2, 3, 4 and 6 are concerned, learned counsel for the applicants states that he does not want to press the application on behalf of applicant Nos. 1, 2, 3, 4 and 6.

In view of the above, the present application is dismissed as not pressed for applicant Nos. 1, 2, 3, 4 and 6 with liberty to file appropriate application / proceedings before the court of competent jurisdiction.

So far as the applicant no. 5 is concerned, learned counsel for the applicants submits that applicant no.5 was not arrested during the course of investigation and the charge-sheet has 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 no. 5 is, hereby, refused.

After some arguments, learned counsel for the applicant no.5 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 applicant no. 5, 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 with the aforesaid liberty.

Order Date :- 2.6.2025

Akram