Kishan Kumar vs State Of U.P. And Another
2025 Latest Caselaw 1216 ALL

Allahabad High Court

Kishan Kumar 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:94233
 
Court No. - 50
 

 
Case :- APPLICATION U/S 528 BNSS No. - 14620 of 2025
 

 
Applicant :- Kishan Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashish Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Ashish Kumar Pandey, learned counsel for the applicant and Sri B.N. Upadhyay, 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. 369 of 2024, (State Vs. Kishan Sharma) arising out of Case Crime No. 1011 of 2025, under Sections 75, 352, 351(2), 351(3) of B.N.S., Police Station- Wave City, District- Gramin Commissionerate Ghaziabad, as well as charge-sheet dated 25.12.2024 pending in the Court of Additional Civil Judge (Junior Division), Judicial Magistrate, Court No. 4, Ghaziabad.

Learned counsel for the applicant submits that applicant 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 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 applicants, 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

Ishan