HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36329 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Sandeep Kumar, learned counsel for the appliant and Sri Radhey Shyam, learned AGA for the State. 2. Instant application has been filed with the prayer to quash the impugned order dated 17.7.2025 passed by the learned Judicial Magistrate, Fareedpur, Bareilly in Case No. 716 of 2016 arising out of Case Crime No. 403 of 2015, under sections 420, 323, 504, 506 IPC. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 3. It is submitted by learned counsel for the applicant that learned Magistrate has erred in rejecting his application for bail on the ground that he was not in physical custody of the court. It is further submitted that the offences are punishable with maximum sentence of seven years, therefore, his case falls in the category-A of the law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. In support of his argument learned counsel has placed reliance on the category-A of the said judgement which reads as under:- Cateogory A:- "After filing of charge sheet/ complaint taking of cognizance:- (a) Ordinary summons at the 1st instance/including permitting appearance through lawyer. Versus Counsel for Applicant(s) : Sandeep Kumar Counsel for Opposite Party(s) : G.A. Surjeet Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (b) If such an accused does not appear despite service of summons, then bailable warrant for physicial appearance may be issued. (c) NBW on failure to failure to appear despite issuance of bailable warrant. (d) NBW may be cancelled or converted into a bailable warrant/summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next dates of hearing. (e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided." 4. On the other hand, learned AGA submitted that applicant was absconding for nine years, therefore, NBW was issued against the applicant. 5. Considering the above submission and Keeping in view the law laid down by Hon'ble Supreme court passed in Satender Kumar Antil Vs. Central Bureau of Investigation and another (Supra), application is disposed of with the direction that learned Magistrate shall pass a fresh order on the application of the applicant in accordance with the direction issued in the Category-A of the aforesaid case without insisting on physical appearance of applicant within four weeks from the date of production of the certified copy of this order. September 19, 2025 SY NA528 No. 36329 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad