HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37099 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Rahul Tewari, learned counsel for the applicants and Shri Kamleshwar Singh, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 654 of 2026, arising out of Case Crime No. 210 of 2025, under Sections 324(4), 331(4) of BNS, Police Station- Sadar Bazar, District- Saharanpur, as well as cognizance/ summoning order dated 17.1.2026, pending in the Court of Chief Judicial Magistrate, Saharanpur. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. 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 applicants is, hereby, refused. After some arguments, learned counsel for the applicants 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. Versus Counsel for Applicant(s) : Abhishek Mishra, Rahul Tewari Counsel for Opposite Party(s) : G.A. Arti Gaur Alias Arti And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 6, 2026 KJ NA528 No. 37099 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad