HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40678 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Chandra Kumar Rai, learned counsel for applicant and learned A.G.A for the State and perused the record. The instant application under Section 528 B.N.S.S. has been filed for quashing the non bailable warrant dated 16.09.2025 in Criminal Case No. 4538/2016 (State v. Sunil and others) arising out of Case Crime No. 1523/2015, under Sections 420, 191, 192 IPC, P.S.- Kotwali, District- Mau. 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. 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 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 Versus Counsel for Applicant(s) : Chandra Kumar Rai Counsel for Opposite Party(s) : G.A. Anisa .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 17, 2025 A.K.Srivastava NA528 No. 40678 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad