SHAILESH ALIAS BEENU DIXIT v. STATE OF U.P. AND ANOTHER
NA528/29192/2025 · 2025-08-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84471 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84471 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134978 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 29192 of 2025 Applicant :- Shailesh Alias Beenu Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mansoor Ahmad Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Vakalatnama filed today by Sri Sanjay Srivastava, Advocate on behalf of private opposite party no. 2 is taken Heard Sri Mansoor Ahmad, learned counsel for the applicant, Sri Sanjay Srivastava, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record. The present application under Section 482 of Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 122789 of 2023 (Smt. Madhu Trivedi vs. Smt. Gauri Pandey and others), under Sections 384, 323, 506, 427, 452, 354-Kha of I.P.C., Police Station- Barra, District- Kanpur Nagar as well as cNon-Bailable Warrant dated 11.07.2025, pending in the Court of Additional Civil Judge (J.D.), Court No. 7, Kanpur Nagar.
Learned counsel for the applicant 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 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 :- 11.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad