HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10953 of 2026 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Heard Sri Manoj Kumar Verma, learned counsel for the applicants, and Sri B.N. Upadhyay, learned brief holder for the State. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceeding of Criminal Case No.4217 of 2025 (State of U.P. vs. Raj KIshor and Others), arising out of Case Crime No.152 of 2023, under Sections 147, 506 of I.P.C. against applicant no.1 and under Sections 147, 323, 504 and 506 of I.P.C. against the applicant nos.2 and 3, Police Station-Kalyanpur, District-Fatehpur as well as cognizance/summoning order dated 19.04.2025, pending in the court of Chief Judicial Magistrate, Fatehpur. 3. 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. 4. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. 5. 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. 6. In case bail application is filed by the learned counsel for the Versus Counsel for Applicant(s) : Manoj Kumar Verma Counsel for Opposite Party(s) : G.A. Gyanendra And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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. 7. The application stands disposed of with the aforesaid liberty. March 19, 2026 K.N. NA528 No. 10953 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad