PUSHPA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/10880/2025 · 2025-04-04
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35873 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35873 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49179 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10880 of 2025 Applicant :- Pushpa Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Rajesh Kumar Singh, learned counsel for the applicants and Sri Madhvendra Pratap 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 Case No.1676 of 2024, (State Vs. Pushpa Devi and another) arising out of Case Crime No.278 of 2022, under Sections 323, 504, 506, 452 of I.P.C., Police Station- Jalalpur, District- Jaunpur, as well as cognizance/ summoning order dated 24.10.2024 pending in the Court of learned ACJM-I, Court No.12, Jaunpur.
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 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 :- 5.4.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad