Citation : 2025 Latest Caselaw 11806 ALL
Judgement Date : 28 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:188369
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36828 of 2025
Pintu Chaurasiya @ Sandeep Chaurasiya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Jitendra Yadav
Counsel for Opposite Party(s)
:
G.A.
Court No. - 75
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Jitendra Yadav, 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 the B.N.S.S., 2023 has been filed to quash the entire proceedings of Criminal Case No. 5824 of 2024, arising out of Case Crime No. 18 of 2024, under Section 406 of I.P.C., Police Station- Jahanaganj, District- Azamgarh as well as cognizance/ summoning order dated 19.10.2024, pending in the Court of Judicial Magistrate, Court No. 20, 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 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 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.)
tober 28, 2025
MAA/-
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!