Neutral Citation No. - 2025:AHC:43133 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 4502 of 2025 Applicant :- Hitesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Criminal Case No. 1598 of 2024 (State Vs. Hitesh and others), arising out of Case Crime No. 158 of 2024, under Sections 323, 308, 352, 504 of I.P.C., Police Station- Dhaulana, District- Hapur, as well as cognizance/ summoning order 11.12.2024, pending in the Court of Additional Civil Judge (J.D.)-II/Judicial Magistrate. Learned counsel for the applicant does not want to press the applicant for applicant no. 1. In view of above, the present application is dismissed as not pressed for applicant no. 1. Learned counsel for the applicant no. 2 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 imprisonment. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. After some arguments, learned counsel for the applicant no. 2 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 no. 2, 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 :- 24.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad