HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18787 of 2026 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Heard Sri Rahul Kumar Sharma, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of BNSS has been filed with a prayer to issue a direction to permit the petitioner to face the trial without taking into custody in Criminal Case No. 29224 of 2024, arising out of Case Crime No. 08 of 2024, under Section 318(4) of B.N.S. and Section 66D of I.T. Act, P.S. Cyber Crime, District Hathras, pending in the court of C.J.M. Hathras. 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 offences are 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 Versus Counsel for Applicant(s) : Niketa Sharma, Rahul Kumar Sharma Counsel for Opposite Party(s) : G.A. Premlata .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 6, 2026 MAA/- NA528 No. 18787 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad