Neutral Citation No. - 2025:AHC:46372 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9767 of 2025 Applicant :- Madan Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Tiwari,Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pavan Kumar Singh, learned counsel for the applicants, Shri B.N. Upadhyay, 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 applicants to quash the entire proceedings of Criminal Case No. 795 of 2025 (State Vs. Madan Tiwari and others) arising out of Case Crime No. 369 of 2024, under Sections 191(2), 115(2), 352, 351(3), 324(4) of B.N.S. (Sections 147, 323, 504, 506, 427 of I.P.C.), Police Station- Turkpatti, District- Kushinagar as well as cognizance/summoning order dated 17.1.2025, pending in the Court of Judicial Magistrate, Kushinagar at Padrauna. 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 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 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 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 :- 3.4.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad