Disposed¶10

Jishan and Another v. State of U.P. and Another

Allahabad HC6 Feb 2025NA528/38893/2024

Case brief

AI extract

What is this about?

Quashing application (captioned S.528 BNSS; described as S.482 CrPC 1973) refused then withdrawn with liberty for regular bail; charge-sheet filed without arrest, offence punishable up to 7 years; IPC Sections 452, 354Kha, 323, 504, 308; Case Crime No. 342 of 2023; Criminal Case No. 5123 of 2024; P.S. Tanda, District Rampur; cognizance/summoning order 16.08.2024 of CJM Rampur; guidance from Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A; Allahabad High Court, Sanjay Kumar Pachori J.; Neutral Citation 2025:AHC:17844; Order Date 7.2.2025.

What did the court decide?

Application stood disposed of; liberty granted to withdraw and file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil (category A). ¶10

Jishan and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application stood disposed of; liberty granted to withdraw and file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil (category A).

¶10

Issue for consideration

Whether the entire proceedings of Criminal Case No. 5123 of 2024 (State vs. Jishan and others) arising out of Case Crime No. 342 of 2023, and the cognizance/summoning order dated 16.08.2024 pending before the CJM, Rampur, should be quashed under Section 482 CrPC.

¶7

Court's answer

The prayer to quash the entire criminal proceedings and the cognizance/summoning order dated 16.08.2024 was refused upon considering the facts and circumstances of the case.

¶9

Ratio / Principle

On counsel seeking withdrawal, the application was permitted to be withdrawn with liberty to file a regular bail application before the competent court; any such bail application is to be decided in the light of the observations of the Supreme Court in Satender Kumar Antil (category A: accused against whom charge-sheet was submitted on appearance).

¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; Order Date 7.2.2025; Neutral Citation 2025:AHC:17844) disposed of an application captioned under Section 528 BNSS and described in the body as under Section 482 CrPC 1973, by which Jishan and another sought quashing of the entire proceedings of Criminal Case No. 5123 of 2024 (State vs. Jishan and others), arising out of Case Crime No. 342 of 2023 under Sections 452, 354Kha, 323, 504, 308 I.P.C., Police Station-Tanda, District Rampur, together with the cognizance/summoning order dated 16.08.2024 pending before the Chief Judicial Magistrate, Rampur. The court refused the quashing prayer, noting the applicants had not been arrested during investigation though a charge-sheet was filed and the offence is punishable up to 7 years imprisonment. Thereafter counsel withdrew the application with liberty to file a regular bail application before the competent court; the court directed that any such bail application be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: where the charge-sheet has been submitted on appearance, bail may be decided without physical custody or by interim bail till decision).

¶1

Neutral Citation No. - 2025:AHC:17844

¶2

Court No. - 75

¶3

Case :- APPLICATION U/S 528 BNSS No. - 38893 of 2024

¶4

Applicant :- Jishan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Naseem Ahmad,Syeda Alia Khatoon Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Sri Naseem Ahmad, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

¶7

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. 5123 of 2024 (State vs. Jishan and others), arising out of Case Crime No. 342 of 2023, under Sections 452, 354Kha, 323, 504, 308 of I.P.C., Police Station- Tanda, DistrictRampur as well as cognizance/ summoning order 16.08.2024, pending in the Court of Chief Judicial Magistrate, Rampur.

¶8

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.

¶9

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

¶10

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.

¶11

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

¶12

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.

¶13

The application stands disposed of with the aforesaid liberty.

¶14

Order Date :- 7.2.2025 MAA/-

¶15

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

Jishan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jishan and Another 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

All orders in this case

Similar cases