HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7502 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S., 2023 has been filed with the prayer to set aside the impugned charge sheet dated 24.11.2024 filed by OP No-4 in Case Crime No- 108 of 2021, under sections 307, 506, 147 of IPC, Police Station- Sangipur,District- Pratapgarh, as well as impugned summoning order dated 27.01.2024 along with its consequential order of NBW dated 18.04.2025, so far it relates to the applicant. Learned counsel for the applicant after arguing at some length, submits that on 04-02-2025, the applicant was granted bail and thereafter, he was released and went for his treatment at Bangalore and the medical prescription is appended alongwith this application, but, in the meantime, the matter proceeded and because of the non presence due to his ailment, the non bailable warrant was issued against him. He submits that the non presence is not deliberate, but due to unavoidable circumstances occurred before the applicant. He next submits that the applicant is confining his argument to the extent that the effect of non bailable warrant, may be stayed and he may be permitted to appear before the learned trial court concerned. On the other hand, learned counsel for the State has opposed the contentions aforesaid and submits that the applicant has misused the liberty of bail granted by this court and therefore, he is not entitled for any relief. Considering the submissions of learned counsel for the parties and after perusal of the record, it transpires that the applicant was released on bail vide order dated 04-02-2025 and as per the Versus Counsel for Applicant(s) : Ajai Kumar Shukla Counsel for Opposite Party(s) : G.A. Abhishek @ Abhishek Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) contention of learned counsel for the applicant that the applicant went away for his treatment and therefore, he could not appear before the learned trial court concerned, thus, prima-facie, it seems that non- appearance of the applicant before the learned trial court is under the compelling circumstances. This court finds that the non bailable warrants are been issued for procuring the presence of an accused and here the accused while stating the reasons for his non presence, is ready to appear before the trial court and thus, there is no hardship under the law to permit him to appear before the learned trial court. For the foregoing reasons, the order of non bailable warrant dated 18-04-2025,is hereby kept in abeyance. The applicant is directed to appear before the learned trial court on the next date fixed, failing which, the trial court is at liberty to proceed in accordance with law. It is further clarified that the applicant shall remain present on each and every date before the learned trial court and he will not remain absent, without an application given to the trial court, in writing, with the cogent reasons. With the aforesaid observations, the instant application is disposed of. September 9, 2025 AKS A482 No. 7502 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench