Dheeraj And 2 Others vs State Of U.P. And Another
2025 Latest Caselaw 11364 ALL

Allahabad High Court

Dheeraj And 2 Others vs State Of U.P. And Another on 9 October, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:180132
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 35913 of 2025   
 
   Dheeraj And 2 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Akhil Srivastava, Gaurav Pandey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 75
 
   
 
 HON'BLE SANJAY KUMAR PACHORI, J.      

Sri Surendra Kumar Tiwari and Sri Akhil Srivastava learned counsel for the applicants and Ms. Saumya brief holder appearing 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. 175 of 2025 , (State Vs. Dheeraj and others) arising out of Case Crime No. 61 of 2024, under Sections 323, 504, 506 of I.P.C., Police Station- Charwa, District- Kaushambi, as well as cognizance/ summoning order dated 27.03.2025, pending in the court of learned Additional Civil Judge (JD), Court No.2, Kaushambi.

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.

(Sanjay Kumar Pachori,J.)

October 9, 2025

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