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Allahabad High Court

CHANDRA BHUSHAN TRIPATHIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court granted liberty to the applicant to file a bail application within two weeks and ordered that no coercive action be taken against him during that period.

Summary

The applicant, Chandra Bhushan Tripathi, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge-sheet and related proceedings in a criminal case pending before the Chief Judicial Magistrate, Aligarh. He did not wish to contest the merits but requested liberty to file a bail application before the trial court. The State, represented by an AGA, did not oppose the request. The High Court granted the applicant permission to file the bail application within two weeks, directing the trial court to decide it and ordering that no coercive action be taken against the applicant during that period. The application was subsequently disposed of by the court.

Issues considered

  • Whether the applicant should be permitted to file a bail application in the pending criminal case.
  • Whether a stay on coercive action should be imposed pending the bail application.

Legislation cited

Subjects

  • bail
  • Section 528
  • quash charge-sheet
  • coercive action
  • High Court
  • criminal procedure
  • application

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 528 BNSS No. - 45269 of 2025

                                    Chandra Bhushan Tripathi
                                                                                                        .....Applicant(s)
                                                                            Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite Party(s)

                                    Counsel for Applicant(s)            :     Chandra Prakash Misra, Prakash Sharma
                                    Counsel for Opposite Party(s)       :     G.A.

                                    Court No. - 81
                                                           HON'BLE MADAN PAL SINGH, J.

                                    1. Heard learned counsel for the applicant, learned AGA and perused the
                                    record.

                                    2. This application under Section 528 B.N.S.S. has been filed for quashing
                                    the charge-sheet dated 17.6.2022 and cognizance/summoning order dated
                                    2.7.2022 as well as the entire proceedings of Case no.-25072 of 2022 (State
                                    vs. Chandrabhushan Tripahti and others) arising out of Case Crime No.
                                    86/2021, under section 193, 420, 120-B I.P.C., Police Station-Civil Line,
                                    District-Aligarh, pending in the Court of Chief Judicial Magistrate Aligarh.

                                    3. At the very outset, learned counsel for the applicant has submitted that he
                                    does not wish to press the merits of the case, rather he seeks liberty to file an
                                    appropriate application before the concerned trial court and a direction to the
                                    learned Trial Court to decide the bail application of the applicants.

                                    4. Learned AGA for the State has not opposed the submissions made by
                                    learned counsel for the applicants.

                                    5. In view of the above, the applicant is granted liberty to file bail
                                    application before the concerned trial court within two weeks from today
                                    along with certified copy of this order. If such an application is filed within
                                    the said period, the concerned trial court shall pass an order on the said
                                    application in accordance with law.

                                    6. For the period of two weeks, no coercive action shall taken against the
                                    applicants in the aforesaid case.

                                    7. The present application is disposed of.

                                    September 23, 2026
                                    Akbar
                                                                                              (Madan Pal Singh,J.)



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

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