Neutral Citation No. - 2025:AHC:48273 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10259 of 2025 Applicant :- Ashwani Prasad Alias Pratap And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Om Prakash, learned counsel for the applicants and Sri R.K.Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Case No. 6769 of 2017 (State vs. Ashwani Pratap and others), arising out of Case Crime No.349 of 2017, under Sections 143, 147, 353, 341, 34 of I.P.C., Police Station- Cholapur, District- Varanasi as well as cognizance/ summoning order dated 08.12.2017, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Varanasi. 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 :- 5.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad