Dharmendra Kumar Yadav vs State Of U.P. And Another
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Allahabad High Court

Dharmendra Kumar Yadav vs State Of U.P. And Another on 18 March, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:38347
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 8529 of 2025
 

 
Applicant :- Dharmendra Kumar Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aishwarya Pratap Singh,Arvind Kumar Tripathi,Urvashi Kunwar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Manish Kumar Singh, Advocate holding brief of Sri Aishwarya Pratap Singh, learned counsel for the applicant and Sri Pusp Raj Singh, 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. 3105 of 1994, (State Vs. Dharmendra Kumar Yadav and others) arising out of Case Crime No. 250 of 1994, under Sections 147, 323, 452, 324, 504 of I.P.C., Police Station- Kotwali, District- Maharajganj, as well as cognizance/ summoning order 19.12.1994 including non-bailable warrants order dated 15.10.2024 as well as proceedings under Section 82/ 83 of Cr.P.C. has been initiated dated 20.01.2025 pending in the Court of Chief Judicial Magistrate, Maharajganj.

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 judgments 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 except 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 :- 18.3.2025

Ishan