Neutral Citation No. - 2025:AHC:26383 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 40832 of 2024 Applicant :- Kamal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh,Pradip Kumar Rai,Sarita Counsel for Opposite Party :- G.A.,Rampyare Lal Srivastava,Subash Chandra Srivastava Hon'ble Sanjay Kumar Pachori,J. Sri Ram Chandra Solanki, Advocate holding brief of Sri Pradip Kumar Rai, learned counsel for the applicant and Sri Anuj Srivastava, Advocate holding brief Sri Rampyare Lal Srivastava, learned counsel for the opposite party no. 2 and Sri J.P. Rai, learned A.G.A. for the State and perused the material on record. 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. 22705 of 2024, (State Vs. Kamal Kumar Yadav) arising out of Case Crime No. 275 of 2024, under Sections 406, 420, 506 of I.P.C., Police Station- Nebua Naurangiya, District- Kushinagar, as well as cognizance/ summoning order 26.09.2024 pending in the Court of Judicial Magistrate, Kushinagar at Padrauna. 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 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 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. The application stands disposed of with the aforesaid liberty. Order Date :- 24.2.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad