Neutral Citation No. - 2025:AHC:45937 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9529 of 2025 Applicant :- Durgesh Agrahari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagannath Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Vijay Prakash Chaturvedi holding brief of Sri Jagannath Gupta, learned counsel for the applicants and Sri Kamleshwar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 14003 of 2024 , (State Vs. Durgesh Agrahari and others) arising out of Case Crime No. 146 of 2024, under Sections 323, 504, 506, 427, 325 of I.P.C., Police Station-Shohratgarh, District-Siddharth Nagar, as well as cognizance/summoning order dated 06.12.2024, pending in the Court of Chief Judicial Magistrate, Siddharth Nagar. 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. 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 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 :- 2.4.2025/AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad