Neutral Citation No. - 2025:AHC:55228 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12025 of 2025 Applicant :- Irfan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Balbir Yadav, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application u/s 528 of BNSS has been filed with prayer to quash the entire proceedings of Case Crime No. 528 of 2024, under Sections 191(2), 115(2), 118(1) of BNS, (147, 323, 324 of IPC), P.S. Sasni Gate, District Aligarh as well as charge- sheet dated 19.09.2024 pending in the court of Judicial Magistrate, Court No. 3, Aligarh. 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 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 :- 11.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad