Neutral Citation No. - 2025:AHC:53476 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 5316 of 2025 Applicant :- Jaishiv And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri B.K. Srivastava, learned counsel for the applicants, Mr. R.K. 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. been filed with prayer to quash the entire proceedings of Criminal Case No.23760 of 2024 (State Vs. Jaishiv and others) arising out of Case Crime No.431 of 2024, under Sections 191(2), 126(2), 351(3), 115(2), 352 of B.N.S., P.S. - Jagdishpura, District- Agra, as well as cognizance order dated 24.11.2024 pending in the Court of Additional Chief Judicial Magistrate-Ist, Agra. Learned counsel for the applicants 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 offences are 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 applicants 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 applicants, 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. Order Date :- 10.4.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad