Neutral Citation No. - 2025:AHC:74476 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15138 of 2025 Applicant :- Hamza Beg And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ilma Naz,Mohammad Irshad Khan,Mohammed Iftekhar Counsel for Opposite Party :- Alok Kumar Rai,G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Mohammad Irshad Khan, learned counsel for the applicants, Sri Alok Kumar Rai and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of the B.N.S.S., 2023 has been filed to quash the entire proceedings of Case No. 865 of 2025 (State vs. Hamza and others), arising out of Case Crime No. 296 of 2024, under Sections 147, 148, 323, 504, 452, 324, 352, 506 IPC, Police Station- Rudrapur, District- Deoria as well as cognizance/ summoning order dated 31.01.2025, pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 15, Deoria. 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 :- 8.5.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad