KRANTI DEVI AND 14 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13808/2025 · 2025-05-13
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18914 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18914 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79556 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 13808 of 2025 Applicant :- Kranti Devi And 14 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Chandra Pathak,Yogesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Rakesh Chandra Pathak, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Case No. 3993 of 2024, (State Vs. Kranti Devi and others) arising out of Case Crime No. 553 of 2023, under Sections 147, 148, 452, 323, 504, 506, 354-Kha, 325 of I.P.C., Police Station- Nawabganj, District- Prayagraj, as well as cognizance/ summoning order 18.12.2024 pending in the Court of Additional Chief Judicial Magistrate-16, Allahabad. 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.
Order Date :- 14.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad