JITENDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16524/2025 · 2025-05-29
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56289 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56289 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93953 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16524 of 2025 Applicant :- Jitendra Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Prateek Dwivedi, learned counsel for the applicants learned A.G.A. for the State and perused the material on record. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 10877 of 2024, arising out of Case Crime No. 32 of 2024, under Sections 323, 352, 427, 506 of I.P.C., Police Station- Chaubepur, District- Kanpur Nagar, as well as cognizance/ summoning order 17.05.2024 pending in the Court of A.C.J.M.-I, Kanpur Nagar.
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 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 :- 30.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad