HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1672 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Mohd. Imran Khan, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed to quash the impugned charge sheet dated 12.09.2024 arising out of Case Crime No. 360 of 2024, under Sections 191(2), 352, 115(2) & 324(2) of BNS, 2023 pertaining to Police Station Thakurganj, District Lucknow as well as the impugned summoning order dated 10.02.2025 passed by Additional Civil Judge (S.D.), Court No. 24, Lucknow in Case No. 16541 of 2025, presently pending before the Additional Chief Judicial Magistrate, Vth, Lucknow, . 3. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years of imprisonment. 4. During the course of arguments, learned counsel for the applicants submitted that he may be permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. 5. 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 Versus Counsel for Applicant(s) : Mohd. Imran Khan Counsel for Opposite Party(s) : G.A. Smt. Najma Khatoon And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s) 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. 6. On the request of learned counsel for the applicants, it is being directed that as the applicants are said to be poor, if they are unable to provide appropriate sureties asked by the Court below, that will be considered in the light of the judgment passed by a Division Bench of this Court in Criminal Misc. Public Interest Litigation No. - 2357 of 1997 Bachchey Lal vs. State Of U.P. & Others. 7. The application stands disposed of with the aforesaid liberty. November 10, 2025 NSC NA528 No. 1672 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad, Lucknow Bench