HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39031 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Durgesh Kumar Mishra, learned counsel for the applicant and Sri Ashwani Kumar Rai, 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 order dated 29.04.2025 passed Judicial Magistrate, Prayagraj, in Criminal Case No. 763 of 2023 arising out of Case Crime No. 385 of 2020, under Sections 147, 148, 323, 324, 452, 504, 506, 308, 325 of I.P.C., Police Station- Manda, District- Prayagraj, whereby non-bailable warrant has been issued against the applicant. 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 Versus Counsel for Applicant(s) : Durgesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Arun Kant Dwivedi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. October 28, 2025 Ishan NA528 No. 39031 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad