ASRAR AHMAD ALIAS ASRAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9825/2025 · 2025-04-02
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32688 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32688 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:47083 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9825 of 2025 Applicant :- Asrar Ahmad Alias Asrar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kesari,Vindeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Vindeshwari Prasad, learned counsel for the applicants and Smt. Ladly Pandey, 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 Criminal Case No. 4540 of 2025 , (State Vs.Asrar Ahmad and 2 others ), arising out of Case Crime No. 171 of 2023, under Sections 452, 323, 504, 506, 324, 325 of I.P.C., Police Station- Wazirganj, District- Buduan, as well as cognizance/summoning order dated 20.02.2025, pending in the Court of Additional Civil Judge (Sr. Division)/Additional Chief Judicial Magistrate, Court No.1, Budaun.
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 offences are punishable up to 7 years imprisonment. 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 :- 3.4.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad