Neutral Citation No. - 2025:AHC:52317 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11630 of 2025 Applicant :- Riyaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Mustafa Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Mohammad Mustafa, learned counsel for the applicant and Sri J.P. Rai, learned breif holder for the State and perused the material on record. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 24.3.2025 passed by Chief Judicial Magistrate, Siddharth Nagar in Criminal Case No. 2551 of 2016, (State Vs. Alimuddin and others) arising out of N.C.R. No. 107 of 2014, under Sections 323, 504, 506 of I.P.C., Police Station- Shohratgarh, District- Siddharth Nagar, whereby non bailable warrant has been issued against the applicant. 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 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 :- 9.4.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad