PAWAN KUMAR YADAV AND 2 OTHERS v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER
NA528/1704/2025 · 2025-11-04
Tej Pratap Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178173 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178173 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1704 of 2025 Court No. - 29 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
2. The present application under Section 482 Cr.P.C., has been filed to quash the entire criminal proceedings as well as impugned charge sheet filed in Case Crime No. 72 of 2025, under Sections 115(2), 352, 351(2), 333, 110 B.N.S. and Section 3(1)(da), 3(1)(dha), 3(2)(va) of S.C./S.T. Act, Police Station Ram Sanehi Ghat, District Barabanki.
3. Learned counsel for the applicants 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 want 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 Versus Counsel for Applicant(s) : Suresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Pawan Kumar Yadav And 2 Others .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s)
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. November 4, 2025 NSC NA528 No. 1704 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad, Lucknow Bench