Rakesh Kumar And 3 Others vs State Of U.P. And Another
2025 Latest Caselaw 12954 ALL

Citation : 2025 Latest Caselaw 12954 ALL
Judgement Date : 24 November, 2025

Allahabad High Court

Rakesh Kumar And 3 Others 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:209755

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40959 of 2025

Rakesh Kumar And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)

Ajeet Singh, Anil Kumar Yadav

Counsel for Opposite Party(s)

:

G.A.

HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Anil Kumar Yadav, learned counsel for the applicants and Sri Karunakar 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. 663 of 2023, arising out of Case Crime No. 95 of 2023, under Sections 323, 504, 452, 354, 354B, 506 of I.P.C., Police Station- Utraon, District Commissionerate Prayagraj as well as cognizance/ summoning order dated 02.09.2025, pending in the Court of Additional Chief Judicial Magistrate, Court No. 8,Allahabad.

Learned counsel for the applicants submits that applicant were not arrested during the course of investigation and the charge-sheet has 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.