HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36642 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Nitin Sharma, learned counsel for the applicants, Shri B.N. Upadhyay, learned brief holder for the State and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Criminal Case No. 13287 of 2025, arising out of Case Crime No. 280 of 2024, under Sections 115(2), 352, 109, 351(2), 324(4), 61(2), 190, 191(2), 191(3) of B.N.S. against applicant No. 1 and under Sections 115(2), 352, 351(2), 324(4), 3(5) of B.N.S. against applicant Nos. 2 to 5, Police Station- Nauchandi, District- Meerut as well as cognizance/summoning order dated 2.8.2025, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Meerut. After some arguments, learned counsel for the applicants does not want to press this application on behalf of applicant No. 1 and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed for applicant No. 1 with liberty to file appropriate application/bail application/Anticipatory Bail Application/proceedings before the court of competent jurisdiction. So far as applicant Nos. 2 to 5 are concerned, they were not arrested during the course of investigation and the charge-sheet has been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment. Versus Counsel for Applicant(s) : Nitin Sharma Counsel for Opposite Party(s) : G.A. Shailendra Kumar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Upon considering the facts and circumstances of the case, the prayer made on behalf of learned counsel for the applicant Nos. 2 to 5 is, hereby, refused. After some arguments, learned counsel on behalf of applicant Nos. 2 to 5 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 on behalf of applicant Nos. 2 to 5 namely, Shailesh, Geetu @ Ritu, Seema and Phoolwati Devi, 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 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 T. Sinha NA528 No. 36642 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad