Neutral Citation No. - 2025:AHC:49578 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11096 of 2025 Applicant :- Brijesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Shashi Kumar Mishra, learned counsel for the applicants 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 to quash the entire proceedings of Criminal Case No. 150 of 2025 (State Vs. Brijesh and others) arising out of Case Crime No. 83 of 2024, under Sections 323, 504, 324, 308 of I.P.C., Police Station- Malawan, District- Etah, as well as cognizance/ summoning order 4.1.2025, pending in the Court of Judicial Magistrate, Etah. 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 :- 7.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad