Jata Shankar Yadav @ Rajesh Yadav and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Jata Shankar Yadav @ Rajesh Yadav and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; applicants granted liberty to apply for bail within 30 days, to be considered and disposed of expeditiously in light of Satender Kumar Antil v. CBI, (2021) 10 SCC 773; no coercive action against the applicants for 30 days or till the bail application, whichever is earlier.

Issue for consideration

Whether the proceedings of N.C.R. No. 122 of 2021 / Criminal Case No. 35 of 2023 under Sections 323, 427 IPC, the charge sheet dated 26.09.2022 and the summoning order dated 18.01.2023 ought to be quashed under Section 528 BNSS.

Court's answer

On the material on record it cannot be said that prima facie no offence is made out against the applicants; the submissions raised disputed questions of fact which cannot be adjudicated under Section 528 BNSS, and therefore no interference is required and the prayer to quash is refused.

Ratio / Principle

The power under Section 528 BNSS may be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure, or that the sentence or order was not correct, to prevent abuse of process or miscarriage of justice.

Key takeaways

If the applicants apply for bail before the concerned court within 30 days, the bail application shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in Satender Kumar Antil v. CBI, (2021) 10 SCC 773.ratio¶15
For a period of 30 days from the date of the order, or till the applicants apply for bail before the court concerned, whichever is earlier, no coercive action shall be taken against them in Criminal Case No. 35 of 2023.ratio¶16

Detailed headnote1 paragraphs

Criminal Procedure — Section 528 BNSS — inherent power — quashing — disputed questions of fact. The High Court of Judicature at Allahabad (Nand Prabha Shukla, J.) declined to quash the proceedings of N.C.R. No. 122 of 2021 / Criminal Case No. 35 of 2023 (State v. Jatashankar Yadav and others) under Sections 323, 427 IPC, P.S. Machhalishahar, District Jaunpur, the charge sheet No. Nil of 2021 dated 26.09.2022, and the summoning order dated 18.01.2023 of the Gram Nyayalya, Tehsil-Machhlishahar. Observing that on the record it could not be said that prima facie no offence was made out, and that the submissions raised disputed questions of fact not adjudicable under Section 528 BNSS, the Court held that the power may be exercised only where there is failure of justice or misuse of judicial mechanism or procedure, to prevent abuse of process or miscarriage of justice, and refused interference. The application was disposed of with a direction that if the applicants apply for bail within 30 days, it be considered and disposed of expeditiously in light of Satender Kumar Antil v. CBI, (2021) 10 SCC 773, and that for 30 days or till such application, whichever is earlier, no coercive action be taken against the applicants. Decided March 19, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3022 of 2026

Jata Shankar Yadav @ Rajesh Yadav And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Ajay Kumar Singh Yadav	Yadav,	Brij Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Ajay Kumar Singh Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been preferred to allow the present application and quash the proceeding of N.C.R. No. 122 of 2021, Criminal Case No. 35 of 2023 (State Vs. Jatashankar Yadav and others) under Sections 323, 427 IPC, Police Station-Machhalishahar, District-Jaunpur as well as quash the charge sheet No. Nil of 2021 dated 26.09.2022 as well as Summoning order dated 18.01.2023 passed by Gram Nyayalya, Tehsil-Machhlishahar, Jaunpur, in NCR No. 122 of 2021, in the aforesaid Criminal Case.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.

Accordingly, prayer of the applicants is refused.

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the

NA528 No. 3022 of 2026

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concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Criminal Case No. 35 of 2023 (State Vs. Jatashankar Yadav and others) under Sections 323, 427 IPC, Police Station-Machhalishahar, District-Jaunpur.

With the above observations, this application under Section 528 B.N.S.S. is disposed of .

March 19, 2026 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad