ANIL KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/25307/2025 · 2025-07-17
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73331 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73331 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:117142 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 25307 of 2025 Applicant :- Anil Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Atul Kumar Srivastava, 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 Complaint Case No. 546 of 2025 (Archana Devi vs. Minakshi and another), under Sections 74, 333, 115(2), 352, 351(2) of B.N.S. against applicant no. 1 and under Sections 333, 115(2), 352, 351(2) of B.N.S. of B.N.S. against applicant no. 2, Police Station- Nahtaur, District- Bijnor, as well as cognizance/ summoning order 16.5.2025, pending in the Court of A.C.J.M., Court No. 1, Bijnor.
Learned counsel for the applicants submits 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 :- 18.7.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad