Ramesh @ Virendra vs State Of U.P. And 2 Others
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Allahabad High Court

Ramesh @ Virendra vs State Of U.P. And 2 Others on 4 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95449
 
Court No. - 50
 

 
Case :- APPLICATION U/S 528 BNSS No. - 19487 of 2025
 

 
Applicant :- Ramesh @ Virendra
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Hanuman Deen Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Maya Pati Pandey, learned counsel for the applicant learned A.G.A. for the State and perused the material on record.

The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 332 of 2023, (State Vs. Patti and others), arising out case crime no. 0439 of 2022, under Sections 147, 504, 323, 325, 427, 356, 506, 308 of I.P.C., Police Station- Harraiya, District- Basti, as well as summoning order 20.09.2023 and charge sheet dated 06.08.2023, pending in the Court of Additional Chief Judicial Magistrate-Ist, Basti.

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