Jitendra Singh @ Jitu and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Jitendra Singh @ Jitu and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer (charge sheet dated 15.11.2024 and cognizance/summoning order dated 08.07.2025) not pressed on merits and not granted; applicants given the opportunity to surrender and file a regular bail application, which the trial court shall consider in accordance with law and Satender Kumar Antil v. CBI, (2021) 10 SCC 773, if the applicants appear before the trial court within 30 days; thereafter the trial court free to initiate proceedings in accordance with law.

Issue for consideration

Whether the charge sheet dated 15.11.2024, the order dated 08.07.2025 of the Chief Judicial Magistrate, Ghaziabad taking cognizance and summoning the applicants for offences under Sections 127(2), 140(3), 115(2) and 351(2) BNS in Criminal Case No. 59249 of 2025 (arising out of Case Crime No. 891 of 2024, P.S. Indrapuram, District Ghaziabad), and the proceedings arising therefrom, are liable to be quashed. +1 more

Court's answer

The application under Section 528 BNSS was disposed of with the aforesaid directions, the quashing prayer not having been pressed on merits and therefore not granted.

Ratio / Principle

If the applicants file a bail application, the trial court shall consider their bail application in accordance with law as well as the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, in case the applicants appear before the trial court within 30 days.

Key takeaways

After the 30-day window for the applicants to appear before the trial court, the trial court shall be free to initiate proceedings in accordance with law.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Praveen Kumar Giri, J.), Application U/S 528 BNSS No. 3481 of 2026, decided March 19, 2026: The applicants sought quashing of the charge sheet dated 15.11.2024 and of the order dated 08.07.2025 passed by the Chief Judicial Magistrate, Ghaziabad taking cognizance and summoning them for offences under Sections 127(2), 140(3), 115(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023 in Criminal Case No. 59249 of 2025 (State Versus Jitendra @Jitu and Another), arising out of Case Crime No. 891 of 2024, Police Station Indrapuram, District Ghaziabad. Counsel for the applicants did not press the application on merits and sought liberty for the applicants to surrender before the trial court and seek regular bail, the offences being punishable only up to 7 years; the learned A.G.A. had no objection to the bail application being decided in terms of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. Held, disposing of the application: if the applicants appear before the trial court within 30 days and file a bail application, the trial court shall consider it in accordance with law and the law laid down in Satender Kumar Antil; thereafter the trial court shall be free to initiate proceedings in accordance with law. The quashing relief was not granted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3481 of 2026

Jitendra Singh @ Jitu And Another

	Versus	...	..Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Purushottam Mani	Tripathi
Counsel for Opposite Party(s)	:	G.A.

Court No. - 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Shri Purushottam Mani Tripathi, learned counsel for the applicants submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quash impugned Charge Sheet dated 15.11.2024 submitted against the applicants and the impugned order dated 08.07.2025 passed by the Chief Judicial Magistrate, Ghaziabad taking cognizance and summoning the applicants for offences under Sections 127(2), 140(3), 115(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023, in Criminal Case No. 59249 of 2025 (State Versus Jitendra @Jitu and Another) arising out of Case Crime No. 891 of 2024, Police Station Indrapuram, District Ghaziabad and the entire proceedings arising thereto on the basis of the impugned criminal case is pending in the Court of concerned Judicial Magistrate, Ghaziabad."

Learned counsel for applicants submits that he does not want to press this application on merits and he further submits that the applicants want to surrender before the trial court as the offences levelled against them are punishable only upto 7 years and liberty may be given to the applicants to

NA528 No. 3481 of 2026

2

file a bail application before the court of competent jurisdiction.

Learned A.G.A. submits that he has no objection if the trial court is directed to decide the application for regular bail of the applicants in terms of decision of the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another; (2021) 10 SCC 773 .

Considering the submission of learned counsel for the applicants that applicants want to surrender before the court for obtaining bail and offences levelled against them are punishable only upto 7 years, this Court directs that if the bail application is filed by the applicants, the trial court shall consider their bail application in accordance with law as well as the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; (2021) 10 SCC 773 , in case applicants appear before the trial court within 30 days from today. After that, the trial court shall be free to initiate proceedings in accordance with law.

With the aforesaid directions, the application is disposed of .

(Praveen Kumar Giri,J.)

March 19, 2026

K.Tiwari

Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad