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Neutral Citation No. - 2025:AHC:44626 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4864 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Raj Singh,Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to set aside the impugned order-sheet ranging from 10.11.2023 to 18.11.2024 in Case No. 406 of 2020, arising out of Case Crime No. 131 of 2020, under Sections 420, 467, 468 and 471 I.P.C. and Section 60 of Excise Act, P.S. Acchnera, District- Agra, pending in the Court of learned Additional Chief Judicial Magistrate, Agra.
3. At the very outset, learned counsel for the applicant submitted that he has already been granted bail during trial by coordinate Bench of this Court vide order dated 23.07.2020 but due to non-appearance, which culminated into issue of non-bailable warrants which trailed to proceeding under Section 82 Cr.P.C.
4. In the most fair manner, learned counsel for the applicant submitted that the applicant is ready to appear before learned court concerned but within some stipulated time which may be extended by this Court.
5. On the grounds of fair statement made by learned counsel for the applicant, a month's time is hereby extended in favour of the applicant for appearing before learned court concerned.
6. Till one month from today, no coercive action shall be initiated against the applicant in pursuance of Case No. 406 of 2020, arising out of Case Crime No. 131 of 2020, under Sections 420, 467, 468 and 471 I.P.C. and Section 60 of Excise Act, P.S. Acchnera, District- Agra. In case applicant fails to appear before learned court concerned within a month, the proceedings will be automatically re-initiate without seeking any permission of this Court.
7. With the aforesaid observation, the application is disposed of. Order Date :- 1.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad