Neutral Citation No. - 2025:AHC:48564 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10796 of 2025 Applicant :- Anurag Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Srivastava,Poonam Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Anil Kumar Srivastava, learned counsel for the applicant and Sri Vijay Kumar Mishra, 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. 90477 of 2023, (State Vs. Kunwar Pal Singh and others) arising out of Case Crime No.129 of 2022, under Sections 420, 406, 504, 506 and 120B of IPC, Police Station- Kotwali, District- Kanpur Nagar, as well as cognizance/ summoning order 26.04.2023 pending in the Court of C.J.M., Kanapur Nagar. Learned counsel for the applicants 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 judgment 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 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad