RAJNI @ RAJIYA BEGUM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12039/2025 · 2025-04-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40450 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40450 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:54947 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12039 of 2025 Applicant :- Rajni @ Rajiya Begum And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Abhay Kumar Pandey, learned counsel for the applicants and Sri Rahul Pandey, learned Brief Holder for the State are present. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 1954 of 2025, arising out of Case Crime No. 233 of 2024, under Sections 115(2), 352, 351(2), 117(1), 110 of BNS (323, 504, 506, 325, 308 of IPC), Police Station Farah, District Mathura as well as cognizance/summoning order dated 21.01.2025 pending in the Court of Judicial Magistrate, (Court No. 2), Mathura.
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 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 :- 11.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad