RAJBHAN SINGH @ DEDH LAKH v. STATE OF U.P. AND ANOTHER
NA528/14139/2025 · 2025-05-01
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48290 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48290 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69558 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14139 of 2025 Applicant :- Rajbhan Singh @ Dedh Lakh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Singh Chauhan,Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Ranjeet Singh Hon'ble Sanjay Kumar Pachori,J. Sri Prashank Kumar Singh, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Case No. 39/IX of 2025 (State Rajbhan Singh @ Dedh Lakh and others), arising out of Case Crime No. 211 of 2024, under Sections 115(2), 351(3), 110 of BNS (504, 323, 506 IPC), Police Station- Pailani, District Banda as well as cognizance/ summoning order dated 06.01.2025, pending in the Court of A.C.J.M., Court No.1, Banda.
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 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 applicant is, hereby, refused. 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 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 :- 2.5.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad