NARAYAN SAHNI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8014/2025 · 2025-03-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28060 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35372 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8014 of 2025 Applicant :- Narayan Sahni And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Madan Singh, Advocate holding brief of Shri Pramod Kumar Gupta, learned counsel for the applicants, Shri Abhishek Kumar, learned A.G.A. for the State 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. 20730 of 2024 (State Vs. Narayan Sahni and others) arising out of Case Crime No. 91 of 2024, under Sections 147, 148, 149, 308, 336, 323, 504, 506, 427, 325 of I.P.C., Police Station- Chitbadagaon, District- Ballia as well as cognizance/summoning order 4.9.2024, pending in the Court of Civil Judge (Senior Division) Fast Track Court, Ballia.
Learned counsel for the applicants fairly admits that in Criminal Misc. Anticipatory Bail Application U/S 438, Cr.P.C. No. 10002 of 2024, a direction to decide the bail as per the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 has been passed by a Coordinate Bench of this Court. Learned counsel for the applicants submits that the aforesaid direction has been passed for two weeks only.
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 judgments 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 except 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 :- 11.3.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad