Allahabad High Court
JABIR ALIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court refused to quash the criminal proceedings and disposed of the Section 528 application, permitting the applicant to seek bail separately.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash criminal proceedings (Criminal Case No. 784 of 2018) arising under Sections 66-D, 66-E and 67 of the Information Technology Act. The court noted that the charge‑sheet had already been filed and the offence carried a maximum imprisonment of seven years. After hearing arguments, the court refused the prayer to quash the case and allowed the applicant to withdraw the application, granting liberty to file a regular bail application. The court indicated that any bail application would be decided in line with the Supreme Court’s observations in Satender Kumar Antil v. CBI regarding Category‑A bail where a charge‑sheet is on record. The application was therefore disposed of with the liberty to seek bail.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained to quash criminal proceedings when a charge‑sheet has already been filed.
- Whether the court should grant bail or interim bail to the accused under the Supreme Court’s Category‑A guidelines.
- Whether the applicant may withdraw the quash application and subsequently file a regular bail application.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Information Technology Act — s. 66-D, 66-E, 67
Subjects
- quash of criminal proceedings
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- Information Technology Act
- bail
- Category A bail
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 46788 of 2025
Jabir Ali
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Archna Singh Jadaun, Santosh Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri J.P. Singh Jadaun, Advocate holding brief of Ms. Archana Singh Jadaun,
learned counsel for the applicant and Sri Paritosh Kumar, Ist, learned A.G.A.
for the State and perused the material on record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Criminal Case No. 784 of 2018 arising out of Case Crime No. 22 of 2018,
under Sections 66-D, 66-E, 67 of I.T. Act, Police Station- Erach, District-
Jhansi as well as cognizance/summoning order dated 16.09.2025, pending in
the Court of Civil Judge (Senior Division)/ A.C.J.M., Garautha, Jhansi.
Learned counsel for the applicant submits that applicant was not arrested
during the course of investigation and the charge-sheet has been submitted
against him. It is further submitted that the offence is punishable up to 7
years imprisonment.
Upon considering the facts and circumstances of the case, the prayer made
by learned counsel for the applicant is, hereby, refused.
After some arguments, learned counsel for the applicant wants to withdraw
the application with liberty to file a regular bail application before the court
of competent jurisdiction.
In case bail application is filed by the learned counsel for the applicant, 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. Central
NA528 No. 46788 of 2025
2
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.
The application stands disposed of with the aforesaid liberty.
May 5, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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