HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24582 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Abdul Saleem Ahamad, learned counsel for the applicants and Sri B.N. Upadhyay, brief holder 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. 17315 of 2023, as well as cognizance/ summoning order dated 11.10.2024 by which the learned Magistrate took cognizance under Sections 354, 323, 452 of I.P.C. against applicant no. 1; under Sections 379, 452 of I.P.C. against applicant no. 2 and under Section 323 of I.P.C. against applicant no. 3, Police Station- Sakaldiha, District Chandauli, pending in the court of Civil Judge (Junior Division)/ F.T.C., Chandauli. 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 Versus Counsel for Applicant(s) : Abdul Saleem Ahamad Counsel for Opposite Party(s) : G.A. Mukhtar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 16, 2025 Ishan NA528 No. 24582 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad