UMAR FAROOQ AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15303/2025 · 2025-05-08
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75915 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15303 of 2025 Applicant :- Umar Farooq And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Pratap Singh,Ashok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ashok Kumar Mishra, learned counsel for the applicants and Ms. Somya Madhyan, 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 Criminal Case No.18714 of 2024, (State Vs. Haji Rahees and Others) arising out of Case Crime No. 247 of 2024, under Sections 323, 325, and 504 of I.P.C., Police Station- Kotwali Nagar, District- Bulandshahr, as well as cognizance/ summoning order 11.10.2024, pending in the Court of C.J.M., Bulandshahr.
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 :- 9.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad