Neutral Citation No. - 2025:AHC:80479 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15885 of 2025 Applicant :- Asgar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Biswajeet Mukherjee Counsel for Opposite Party :- G.A.,Syed Abid Ali Naqvi Hon'ble Sanjay Kumar Pachori,J. Heard Sri Biswajeet Mukherjee, learned counsel for the applicant, Sri Syed Abid Ali Nagyi, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material on record. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 40 of 2024, arising out of Case Crime No. 52 of 2024, under Sections 115(2), 191(2), 352, 324(2), 351(3), 126(2) of B.N.S. (323, 147, 504, 426, 506, 341 IPC), Police Station- Atarsuiya, District- Commissionerate Prayagraj, as well as cognizance/ summoning order 20.01.2025 pending in the Court of Additional Chief Judicial Magistrate, Court No.7, 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 :- 15.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad