HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1732 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Kailash Nath Mishra, 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 entire criminal proceedings including charge-sheet and order of cognizance dated 30.06.2025 passed by the Chief Judicial Magistrate, Gonda, in C.I.S No. 16053 of 2025, (State Vs. Indrani Mishra and others) arising out of Case Crime No. 40 of 2025, under Sections 125, 333, 352, 351(3), 324(4) of B.N.S. Police Station- Kotwali Nagar, District- Gonda, pending in the Court of Chief Judicial Magistrate, Gonda. 3. 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. 4. 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. It is noteworthy to mention that the applicant No.3 happens to be very old and is suffering from several chronic disease, as said by the learned counsel for the applicants. 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 Versus Counsel for Applicant(s) : Kailash Nath Mishra Counsel for Opposite Party(s) : G.A. Kaushika Mishra And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. 6. The application stands disposed of with the aforesaid liberty. November 11, 2025 NSC NA528 No. 1732 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad, Lucknow Bench