Neutral Citation No. - 2025:AHC:38825 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 4472 of 2025 Applicant :- Ashok Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A.,Vijai Prakash Tiwari Hon'ble Sanjay Kumar Pachori,J. Sri Amit Kumar Shukla, learned counsel for the applicant and Sri Vijay Prakash Tiwari, learned counsel for the Opposite Party No.2 and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 120 of 2025, (State Vs. Ashok Patel) arising out of Case Crime No. 392 of 2024, under Sections 115(2), 352, 351(2), 324(4) of BNS, Police Station- Sujanganj, District- Jaunpur, as well as cognizance/ summoning order 06.01.2025 pending in the Court of Additional Civil Judge (S.D.)-II/ Additional Chief Judicial Magistrate, Jaunpur. Learned counsel for the applicants submits that applicant was not arrested during the course of investigation and the charge-sheet have 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 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 :- 17.3.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad