Jai Singh Chauhan and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Jai Singh Chauhan and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the quashing application permitted, with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil, (2022) 10 SCC 51 (category A).

Issue for consideration

Whether the prayer to quash the entire proceedings of Case No. 392 of 2025, arising out of Case Crime No. 404 of 2024 (Sections 323, 504, 506, 457, 354-Kha, 452, 34 IPC, Police Station Ahraula, District Azamgarh), together with the cognizance/summoning order dated 09.01.2025 pending before the Judicial Magistrate/F.T.C. (Mahila), Azamgarh, should be granted. +1 more

Court's answer

Upon considering the facts and circumstances of the case, the Court refused the applicants' prayer to quash the proceedings and the cognizance/summoning order.

Ratio / Principle

After some arguments, counsel for the applicants withdrew the application, and the Court disposed of the application with the liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

In case a bail application is filed by counsel for the applicants, it shall be decided in the light of the observations made in the judgment rendered by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 — whose quoted category-A observation (at its paragraph no. 2) is that bail applications of such accused, against whom a 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.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Sanjay Kumar Pachori, J.), October 15, 2025 — Application U/S 528 BNSS No. 36417 of 2025, Jai Singh Chauhan And 2 Others v. State of U.P. and Another. The application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 sought quashal of the entire proceedings of Case No. 392 of 2025, arising out of Case Crime No. 404 of 2024 (under Sections 323, 504, 506, 457, 354-Kha, 452, 34 of I.P.C., Police Station Ahraula, District Azamgarh), together with the cognizance/summoning order dated 09.01.2025 pending before the Judicial Magistrate/F.T.C. (Mahila), District Azamgarh. On consideration of facts and circumstances the prayer was refused; counsel for the applicants had submitted the applicants were never arrested and a charge-sheet had been filed, the offence being punishable up to seven years' imprisonment. After arguments the application was withdrawn and stands disposed of with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application is to be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51, whose quoted category-A observation favours deciding bail, where the charge-sheet has been submitted on appearance, without taking the accused into physical custody or by granting interim bail until the bail application is decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 36417 of 2025

Jai Singh Chauhan And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Rituraj Singh, Vishal Jaiswal
Counsel for Opposite Party(s)	: Raghvendra Prakash, G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Vishal Jaiswal, learned counsel for the applicants and Sri Soma Mandal, Advocate, holding brief of Sri Raghvendra Prakash, learned counsel for the opposite party no. 2 and Ms. Saumya Madhyan, learned Brief Holder 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 applicants to quash the entire proceedings of Case No. 392 of 2025 arising out of Case Crime No. 404 of 2024, under Sections 323, 504, 506, 457, 354-Kha, 452, 34 of I.P.C., Police Station-Ahraula, District-Azamgarh as well as cognizance/summoning order dated 09.01.2025, pending in the Court of Judicial Magistrate/F.T.C. (Mahila) District Azamgarh.

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

NA528 No. 36417 of 2025

2

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.

(Sanjay Kumar Pachori,J.)

October 15, 2025 Vibha Singh

Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad