HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16104 of 2026 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri Dalvir Singh, 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. 9422 of 2022 arising out of Case Crime No. 269 of 2017, under Sections 420, 120-B of I.P.C. and 3/7 of Essential Commodities Act, Police Station- Mayagaon, District- Etah as well as cognizance/summoning order dated 03.08.2022, pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Etah. 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 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 Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Versus Counsel for Applicant(s) : Dalvir Singh Counsel for Opposite Party(s) : G.A. Sher Singh @ Sher Bahadur Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. May 18, 2026 Ishan NA528 No. 16104 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad