Neutral Citation No. - 2025:AHC:69154 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15071 of 2025 Applicant :- Smt. Sivtara And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Srivastava,Shikhar Neelkanth Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Sri Shikhar Neelkanth, learned counsel for the applicants, Sri Ladali Pandey, learned A.G.A. for the State and perused the material on record. 2. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the entire proceedings of Case No. 23599 of 2023, (State Vs. Sivtara and others) arising out of Case Crime No. 92 of 2022 , under Sections 147, 323, 325, 504 of I.P.C., Police Station- Iradat Nagar, District- Agar pending before the learned Additional Chief Judicial Magistrate, Court No. 4, Agra, as well as cognizance/ summoning order 05.06.2023 passed by Additional Chief Judicial Magistrate, Court No. 4, Agra in the aforesaid case. 3. 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. 4. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. 5. 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. 6. 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. 7. The application stands disposed of with the aforesaid liberty. Order Date :- 1.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad