Bhupesh Alias Gopi Maurya And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Bhupesh Alias Gopi Maurya And 3 Others vs State Of U.P. And Another on 28 October, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:188373
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 36887 of 2025   
 
   Bhupesh Alias Gopi Maurya And 3 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
 Rajjan Kumar, Gorakh Nath Mourya, Pankaj Kumar Maurya   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Krishna Kant Dubey, Santosh Kumar Dubey   
 
     
 
 Court No. - 75
 
   
 
 HON'BLE SANJAY KUMAR PACHORI, J.     

Sri Pankaj Kumar Maurya, learned counsel for the applicants, Shri A.K. Rai, learned A.G.A. for the State , Shri Santosh Kumar Dubey, learned counsel for the opposite party No. 2 and perused the material on record.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Criminal Case No. 18236 of 2025, arising out of Case Crime No. 77 of 2025, under Sections 326(e), 324(4), 115(2), 352, 351(3), 131, 221, 191(2) of B.N.S., Police Station- Suriyavan, District- Bhadohi as well as cognizance/summoning order dated 25.7.2025, pending in the Court of Additional Civil Judge (Senior Division) court No. 2/Additional Chief Judicial Magistrate, Bhadohi at Gyanpur.

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 28, 2025

T. Sinha