Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 33106 (ALL)

KULDEEP SINGH v. STATE OF U.P. AND ANOTHER

NA528/9528/2025 · 2025-04-01

Sanjay Kumar Pachori

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:45921 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9528 of 2025 Applicant :- Kuldeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Shukla,Prabha Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Prabha Shankar Mishra, learned counsel for the applicant and Sri Tej Bahadur Singh, 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. 4403 of 2022 , (State Vs. Kuldeep Singh and others ), arising out of Case Crime No. 278 of 2020, under Sections 419, 420, 406, 323, 504, 506 of I.P.C., Police Station- Chiraiya Kot, District- Mau, as well as cognizance/summoning order dated 21.05.2022 and non-bailable warrant dated 07.09.2022, pending in the Court of Civil Judge (J.D.), Sadar/Judicial Magistrate, Mau. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offences are punishable up to 7 years imprisonment. After some arguments, learned counsel for the applicant 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 applicant, 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 :- 2.4.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad