HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35037 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Abhishek Dixit, learned counsel for the applicant and Sri Pusp Raj Singh, brief holder for the State and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 76691 of 2024 arising out of Case Crime No. 20 of 2024, under Sections 323, 504, 506 of I.P.C., Police Station- Kotwali, District- Kanpur as well as cognizance/summoning order dated 03.09.2024, pending in the Court of Chief Judicial Magistrate, Kanpur Nagar. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has 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 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) : Abhishek Dixit Counsel for Opposite Party(s) : G.A. Monika Dubey Alias Roli .....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. October 10, 2025 Ishan NA528 No. 35037 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad