Neutral Citation No. - 2025:AHC:73381 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15670 of 2025 Applicant :- Hakim Uddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manik Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Manik Chandra Yadav, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No.2964 of 2018, State Vs. Gebu alias Firoz and another, arising out of Case Crime Nos. 165 of 2017, under Sections 336, 308 of I.P.C., Police Station- Mau Aima, District Allahabad, as well as cognizance/ summoning order 17.09.2018 pending in the Court of learned Special Chief Judicial Magistrate, Allahabad. 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 :- 6.5.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad