BABU RAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/27309/2025 · 2025-08-22
Sanjay Kumar Pachori
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 80092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80092 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:145651 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 27309 of 2025 Applicant :- Babu Ram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Rajesh Kumar Singh, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Complaint Case No. 8477 of 2023 as well as cognizance/ summoning order dated 28.02.2024, under 452, 323, 504, 506 IPC, P.S. Puranpur, District Pilibhit, pending in the Court of Chief Judicial Magistrate, Pilibhit.
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 :- 23.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad