ASHOK KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/27749/2025 · 2025-07-31
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81296 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128771 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 27749 of 2025 Applicant :- Ashok Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshmi Kant Pandey,Sandeep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Lakshmikant Pandey, learned counsel for the applicants and Sri R.K. 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. 26147 of 2023 (Bhanu Pratap vs. Ashok and others) as well as cognizance/summoning order dated 06.06.2025, under Sections 452, 323, 504, 506, 427 of I.P.C., Police Station- Durgaganj, District Bhadohi.
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 :- 1.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad