Neutral Citation No. - 2025:AHC:37084 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 6358 of 2025 Applicant :- Ram Swaroop Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Chaudhary,Ganesh Shanker Srivastava,Ravi Shankar Kanojiya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ravi Shankar Kanojiya, learned counsel for the applicant, Sri Karunakar Singh, learned A.G.A. 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 applicant to quash the entire proceedings of Criminal Case No. 68364 of 2024, arising out of Case Crime No. 95 of 2024, under Sections 354, 323, 506 of I.P.C., Police Station- Nawabganj, District- Kanpur Nagar as well as cognizance/summoning order dated 18.7.2024, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Kanpur Nagar. Learned counsel for the applicant 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 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad