Pankaj Maurya vs State Of U.P. And Another
2025 Latest Caselaw 12953 ALL

Allahabad High Court

Pankaj Maurya vs State Of U.P. And Another on 24 November, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD

Neutral Citation No. - 2025:AHC:209734

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40984 of 2025

Pankaj Maurya

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)

:

Rajeev Upadhyay, Rajendra Rai

Counsel for Opposite Party(s)

:

G.A.

HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Rajendra Rai, learned counsel for the applicant and Sri Chhavipal Singh, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 11746 of 2023 (State vs. Pankaj Maurya), arising out of Case Crime No. 535 of 2023, under Sections 323, 504, 506 of I.P.C., Police Station- Mubarakpur, District- Azamgarh as well as cognizance/ summoning order dated 19.12.2023, pending in the Court of Chief Judicial Magistrate, Azamgarh

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 offences are 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.

(Sanjay Kumar Pachori,J.)

November 24, 2025

MAA/-