Mohd Asif And 2 Others vs State Of U.P. And Another
2025 Latest Caselaw 13045 ALL

Allahabad High Court

Mohd Asif And 2 Others vs State Of U.P. And Another on 26 November, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:212223
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 43259 of 2025   
 
   Mohd Asif And 2 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Manoj Kumar Singh, Rajneesh Upadhyay, Saurabh Tripathi   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
Aman Patel, G.A., Neeraj Singh Yadav   
 
     
 
 Court No. - 79
 
   
 
 HON'BLE TEJ PRATAP TIWARI, J.     

1. Heard Mr. Shailesh Kumar holding brief of Mr. Saurabh Tripathi, learned counsel for the applicants, Mr. Neeraj Singh Yadav, learned counsel for opposite party No.2, learned A.G.A. for the State and perused the record.

2. The instant application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to quash the summoning order dated 25.02.2025, passed by the Civil Judge (J.D)/FTC, Court No. 41, Shahjahanpur in Compliant Case No. 1245 of 2023, Rukaiya Parveen Vs. Mohd. Asif and Others, under Sections 498-A, 323, I.P.C. and 3/4 D.P. Act, Police Station Sadar Bazar, District Shahjahanpur, pending in the Court of Civil Judge (Junior Division)/FTC, Court No.41, Shahjahanpur.

3. Learned counsel for the applicant submits that applicants 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.

4. 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.

5. 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.

6. The application stands disposed of with the aforesaid liberty.

(Tej Pratap Tiwari,J.)

November 26, 2025

NSC