HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35471 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Shyam Babu Vaish, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State and perused the material on record. The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Criminal Case No. 18815 of 2024, arising out of Case Crime No. 524 of 2023, under Sections 147, 323, 352, 452, 504 of I.P.C., Police Station- Kotwali City, District- Bulandshahr as well as cognizance/ summoning order dated 22.10.2024, pending in the Court of Chief Judicial Magistrate, Bulandshahr. Learned counsel for the applicant submits that applicant was 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 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 Versus Counsel for Applicant(s) : Shyam Babu Vaish Counsel for Opposite Party(s) : G.A. Priya @ Kannupriya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. The application stands disposed of with the aforesaid liberty. October 14, 2025 MAA/- NA528 No. 35471 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad