Neutral Citation No. - 2025:AHC-LKO:8897 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1303 of 2025 Applicant :- Rajdeep Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Lko. And Another Counsel for Applicant :- Arvind Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. By this petition, the petitioner has prayed for the following relief:- "Wherefore, it is most respectuflly prayed that this Hon'ble Court may graciously be pleased to quash/set aside the impugned order dated 6-8-2024 in Criminal Compliant Case No. 479 of 2017, under section 138 NI Act, police Station, Kotwali Nagar, District- Faizabad/Ayodhya passed by the Learned Additional Court Faizabad/Ayodhya contained in Annexure No. 1 to this application." Learned counsel for the petitioner submits that the petitioner is an accused in Complaint Case No. 497 of 2017, "Sardar Surendra Singh vs. Rajdeep Singh", filed under Section 138 of the N.I. Act. The petitioner had appeared in the said case and was granted bail. It is further submitted that during the trial, the petitioner was incarcerated in District Jail, Faizabad, in connection with another case. Consequently, he was unable to appear before the concerned N.I. Act Court and was also unable to inform his counsel about his detention. It has been further submitted that an application for recall of the non-bailable warrant dated 07.07.2023 was filed on the same date. Upon reviewing the contents of the application, the learned court below sought a report from the learned Additional Court, Faizabad, however, despite the application submitted by the petitioner on 07.07.2023 and the report of the Additional Court, Faizabad, the learned court below proceeded to cancel the bail granted to the petitioner in Complaint Case No. 497 of 2017 vide its order dated 06.08.2024/22.08.2024. The court also forfeited the sureties and issued notice under Section 446 to the sureties. Learned counsel for the petitioner submits that petitioner’s absence was beyond his control. In this regard, he has drawn attention of the Court towards questionnaire which establishes his innocence. The questionnaire is on record as Annexure No. 3 to the petition. It has been lastly submitted that in view of the submission made herein above, the non-bailable warrant is liable to be set aside. On the other hand, the learned AGA has submitted that once bail has been canceled and sureties have been forfeited, the petitioner’s only recourse is to apply for fresh bail. On due consideration to the submissions advanced, the petition is disposed of with a direction to learned court below that in case the petitioner surrenders within two weeks from today and applies for bail, his application shall be considered sympathetically in light of the aforesaid facts and shall be decided expeditiously. Order Date :- 12.2.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench