SATYAM PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/12484/2025 · 2025-04-29
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41054 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41054 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67997 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12484 of 2025 Applicant :- Satyam Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Sanjay Dwivedi, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Criminal Case No. 922 of 2019, (New No.1675 of 2020) arising out of Case Crime No. 62 of 2019, under Sections 323, 354-B, 427, 452, 504 of I.P.C., Police Station- Padari, District- Mirzapur, as well as cognizance/ summoning order 14.11.2019 pending in the Court of Civil Judge (Junior Division)/F.T.C., CAW, Mirzapur.
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 :- 30.4.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad