Amish Alias Abrash Swarnkar Alias Vitul ... vs State Of U.P. And Another
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Allahabad High Court

Amish Alias Abrash Swarnkar Alias Vitul ... vs State Of U.P. And Another on 1 May, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:68660
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 14020 of 2025
 

 
Applicant :- Amish Alias Abrash Swarnkar Alias Vitul Soni And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Prakash Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Chandra Prakash Pandey, learned counsel for the applicants and Sri Pankaj Kumar Rai, brief holder 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. 30840 of 2024, (State of U.P. and another Vs. Amish @ Abrash Swarnkar @ Vitul Soni and others) arising out of Case Crime No. 975 of 2022, under Sections 324, 323, 504 of I.P.C., Police Station- Kotwali Kannauj, District- Kannauj, as well as cognizance/ summoning order 20.11.2024 pending in the Court of Chief Judicial Magistrate, Kannauj.

Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. 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 applicants is, hereby, refused.

After some arguments, learned counsel for the applicants 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 :- 1.5.2025

Ishan