Disposed¶16

Ajay Singh v. State of U.P. and Another

Allahabad HC6 Nov 2025NA528/37030/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed; quashing refused; Criminal Case No. 30212 of 2025; Case Crime No. 87 of 2025; Sections 333, 74 B.N.S.; Police Station Chirgaon, District Jhansi; cognizance/summoning order dated 06.08.2025; Civil Judge (J.D.)/FTC/Judicial Magistrate Jhansi; charge-sheet submitted without arrest; offences punishable up to 7 years; liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 Category A; interim bail till bail application decided; Allahabad High Court; Sanjay Kumar Pachori, J.; November 6, 2025.

What did the court decide?

Prayer to quash refused; counsel permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶16

Ajay Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the entire proceedings of Criminal Case No. 30212 of 2025, arising out of Case Crime No. 87 of 2025 (Sections 333, 74 B.N.S., P.S. Chirgaon, District Jhansi), and the cognizance/summoning order dated 06.08.2025 should be quashed under Section 528 of the B.N.S.S., 2023.

¶8

Court's answer

This Court refused the applicants' prayer to quash the criminal proceedings and the cognizance/summoning order.

¶10

Ratio / Principle

After some arguments, counsel was permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application shall be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Category A: where the accused appeared and the charge-sheet has been submitted, bail may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided). The application stands disposed of with this liberty.

¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), November 6, 2025 - Ajay Singh v. State of U.P. and Another, Application U/S 528 BNSS No. 37030 of 2025. Application under Section 528 of the B.N.S.S., 2023 to quash the entire proceedings of Criminal Case No. 30212 of 2025, arising out of Case Crime No. 87 of 2025, under Sections 333, 74 of B.N.S., Police Station Chirgaon, District Jhansi, and the cognizance/summoning order dated 06.08.2025 pending before the Civil Judge (J.D.)/FTC/Judicial Magistrate, Jhansi. Counsel submitted that the applicants were not arrested during investigation, a charge-sheet stands submitted, and the offences are punishable up to 7 years imprisonment. Held: the prayer to quash was refused; on counsel's request, the application was permitted to be withdrawn with liberty to file a regular bail application before the competent court, which shall be decided in light of Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (Category A - bail of accused against whom charge-sheet has been submitted on appearance may be decided without physical custody or by granting interim bail till decision). Application disposed of with the aforesaid liberty.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 37030 of 2025

¶3

Ajay Singh

¶4

	Versus ....	.Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Umesh Chandra Prajapati,	Vijay Kumar
Counsel for Opposite Party(s)	: G.A.

¶5

Court No. - 75

¶6

HON'BLE SANJAY KUMAR PACHORI, J.

¶7

Heard Sri Umesh Chandra Prajapati, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record.

¶8

The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Criminal Case No. 30212 of 2025, arising out of Case Crime No. 87 of 2025, under Sections 333, 74 of B.N.S., Police Station- Chirgaon, District- Jhansi as well as cognizance/ summoning order dated 06.08.2025, pending in the Court of Civil Judge (J.D.)/FTC/Judicial Magistrate, Jhansi

¶9

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 offences are punishable up to 7 years imprisonment.

¶10

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

¶11

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.

¶12

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.

¶13

NA528 No. 37030 of 2025

¶14

¶15

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.

¶16

The application stands disposed of with the aforesaid liberty.

¶17

November 6, 2025

¶18

MAA/-

¶19

(Sanjay Kumar Pachori,J.)

¶20

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Ajay Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ajay Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Yogesh @ Kartoos vs State of U.P.

Dharmendra Kumar Singh vs State of U.P. and Another

Smt. Sunita Devi vs State of U.P. and 9 Others

Amit Kumar Lal vs State of U.P. and Another

Rajesh Kumar and 3 Others vs State of U.P. and Another

Ram Dular and Another vs State of U.P. and Another