HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52357 of 2025 Court No. - 74 HON'BLE DEVENDRA SINGH-I, J. 1. Heard learned counsel for the parties and perused the material on record. 2. The present application under Section 528 of BNSS has been filed to quash the impugned charge-sheet No.382 of 2022 dated 23.8.2022, arising out of Case Crime No. 560 of 2022, under Sections 452, 323, 325 of I.P.C., Police Station- Sikandra, District- Agra as well as cognizance/ summoning order dated 7.8.2023, pending in the Court of Chief Judicial Magistrate, Agra. 3. Learned counsel for the applicant submits that applicants were not arrested during the course of investigation and the charge-sheet has been submitted against them. It is further submitted that the offences are punishable up to 7 years imprisonment. 4. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. 5. After some arguments, learned counsel for the applicants want to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. 6. In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations Versus Counsel for Applicant(s) : Rajeev Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Sanju @ Sanjay Dixit And 3 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) made in the judgment 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 expect a better exercise of discretion on the part of the court in favour of the accused. 7. The application stands disposed of with the aforesaid liberty. March 9, 2026 S. Singh NA528 No. 52357 of 2025 2 (Devendra Singh-I,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad