Furquan vs State Of U.P. And Another
2025 Latest Caselaw 2136 ALL

Allahabad High Court

Furquan vs State Of U.P. And Another on 4 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95467
 
Court No. - 50
 

 
Case :- APPLICATION U/S 528 BNSS No. - 19304 of 2025
 

 
Applicant :- Furquan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd Kadim,Zafeer Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Ms. Afsana, learned counsel holding brief of Mr. Zafeer Ahmad, learned counsel for the applicant and Sri S.P. Maurya, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of the BNSS has been filed to quash the entire proceedings of Case No. 1468 of 2024, (State Vs. Sharif Ahmad and others) arising out of Case Crime No. 133 of 2024, under Sections 323, 324, 325, 336, 504, 506 of I.P.C., Police Station- Sambhal, District- Sambhal, as well as cognizance/ summoning order 28.05.2024 and charge sheet no. 126 of 2024 dated 04.05.2024 pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Outer Court, Sambhal, District Sambhal.

Learned counsel for the applicants 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 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 :- 4.6.2025

PS