JAY SINGH ALIAS JAYPAL AND 12 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10700/2025 · 2025-04-03
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35555 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35555 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48113 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10700 of 2025 Applicant :- Jay Singh Alias Jaypal And 12 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ravi Pandey, learned counsel for the applicants and learned A.G.A. for the State are present. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 212 of 2024, (State Vs. Jay Singh and others) arising out of Case Crime No. 135 of 2023, under Sections 147, 323, 336, 504, 506 of I.P.C., Police Station- Godha, District- Aligarh, as well as charge sheet dated 02.09.2023 pending in the Court of Judicial Magistrate-III, Aligarh.
Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. 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 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 judgments 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 except 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 :- 4.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad