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2026 DAILYLAW 561 (ALL)

PRADEEP KUMAR SIROHI v. STATE OF U.P. AND ANOTHER

NA528/8598/2026 · 2026-03-18

Sanjay Kumar Pachori

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8598 of 2026 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Supplementary affidavit filed today, which is taken on record. Sri Pradeep Kumar Tiwari, Advocate holding brief of Sri Ritesh Kumar Singh, 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 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 585 of 2025 arising out of Case Crime No. 124 of 2025, under Sections 115(2), 352, 351(2), 126(2) of B.N.S., Police Station- Madhuban Bapudham, District- Ghaziabad as well as cognizance/summoning order dated 11.08.2025, pending in the Court of Additional Civil Judge (Senior Division), Court No. 2, Ghaziabad. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted 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 Versus Counsel for Applicant(s) : Ritesh Kumar Singh Counsel for Opposite Party(s) : G.A. Pradeep Kumar Sirohi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. March 19, 2026 Ishan NA528 No. 8598 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad