HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32446 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Nitish Kumar Singh, learned counsel for the applicant, Ms. Saumya Madhyan, learned brief holder for the State, Shri Pawan Giri, learned counsel for the opposite party No. 2 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. 9522 of 2026, arising out of Case Crime No. 712 of 2025, under Sections 126(2), 117(2), 115(2), 352, 351(3) of B.N.S., Police Station- Surajpur, District- Gautam Buddh Nagar as well as cognizance/summoning order dated 17.3.2026, pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Gautam Buddh Nagar. Learned counsel for the applicant 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 judgment rendered by the Supreme Court in Satender Kumar Antil Vs. Central Versus Counsel for Applicant(s) : Ishwar Kumar Upadhyay, Manoj Kumar Singh, Nitish Kumar Singh Counsel for Opposite Party(s) : G.A., Pawan Giri Mukul Harit .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. October 1, 2026 T. Sinha NA528 No. 32446 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad