Neutral Citation No. - 2025:AHC:50699 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11236 of 2025 Applicant :- Krishna Singh Yadav @ Kanhaiya Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Harendra Yadav, learned counsel for the applicant, Shri Alok Mishra, 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 applicant to quash the entire proceedings of Criminal Case No. 1415 of 2024 (State Vs. Krishna Yadav @ Kanhaiya Yadav) arising out of Case Crime No. 280 of 2024, under Sections 420, 406, 504, 506 of I.P.C.) Police Station- Sadabad, District- Hathras as well as cognizance/summoning order dated 16.11.2024, pending in the Court of Additional Chief Judicial Magistrate, Sadabad, Hathras. Learned counsel for the applicant 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. Learned counsel for the applicant fairly admits that this is a case of receiving amount for procuring employment from the son of the first informant as well as other persons. 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 expect 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 :- 8.4.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad