Neutral Citation No. - 2025:AHC:114654 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 22920 of 2025 Applicant :- Tarun Srivastava And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A.,Rama Kant Gupta Hon'ble Sanjay Kumar Pachori,J. Sri Vijay Shankar Shukla, learned counsel for the applicants, Sri Rama Kant Gupta, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 149954 of 2023, as well as cognizance/ summoning order dated 03.12.2024 by which the learned Magistrate took cognizance under Sections 323, 342, 354 of I.P.C., Police Station- Gwaltoli, District Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate- 7th Kanpur Nagar. Learned counsel for the applicants submits 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 :- 16.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad