HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5780 of 2026 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Shivarchan Mishra, learned counsel for the applicant, Shri Rahul Pandey, learned 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. 2149 of 2023, arising out of Case Crime No. 478 of 2022, under Sections 323, 325 of I.P.C., Police Station- Saini, District- Kaushambi as well as cognizance/summoning order dated 9.9.2024, pending in the Court of Chief Judicial Magistrate, Kaushambi. Learned counsel for the applicant fairly admits that the charge has been framed. He further 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 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 Versus Counsel for Applicant(s) : Shivarchan Mishra Counsel for Opposite Party(s) : G.A. Deepak @ Madan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. March 18, 2026 T. Sinha NA528 No. 5780 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad