SANJEEV PANCHA AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/30564/2025 · 2025-08-20
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86830 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143144 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 30564 of 2025 Applicant :- Sanjeev Pancha And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Manish Kumar Singh, learned counsel for the applicants and Sri Alok Mishra, 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 order dated 20.02.2025 passed by Additional Sessions Judge, Court No. 5, Baghpat in Criminal Revision No. 181 of 2024, whereby revisional court affirmed the
order dated 20.09.2023 passed by Civil Judge (S.D.)/FTC, Baghpat in Complaint Case No. 1598 of 2023, by which Magistrate took cognizance under Sections 354, 452 and 323 IPC against the applicant no. 1 and under Sections 452 and 323 IPC against the applicant nos. 2 to 7, P.S. Civil Lines, District Meerut.
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 :- 21.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad