Neutral Citation No. - 2025:AHC:33878 Court No. - 75 Case :- APPLICATION U/S 482 No. - 23065 of 2024 Applicant :- Fateh Mohd Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manu Mishra,Vijay Kumar Pathak Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tiwari Hon'ble Sanjay Kumar Pachori,J. Sri Manu Mishra, learned counsel for the applicant, Sri Kamlesh Kumar Tiwari, learned counsel for the private opposite party no.2 and Sri Manvendra Pratap Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 10719 of 2024, arising out of Case Crime No. 582 of 2022, under Sections 193, 384, 420, 506, 120B and 211 of I.P.C., Police Station- Cantt., District- Gorakhpur, as well as cognizance/ summoning order 29.02.2024, pending in the Court of Chief Judicial Magistrate, Gorakhpur. 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 judgments 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 except 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 :- 7.3.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad