Neutral Citation No. - 2025:AHC:35449 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4581 of 2025 Applicant :- Vivek Kumar Bhartiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Bharti,Buddhi Prakash,Kamlesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kamlesh Prasad, learned counsel for the applicant and Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application U/s 528 has been filed for quashing the non bailable warrant dated 05.07.2024 passed by learned Additional Sessions Judge, Court No. 22, Allahabad in pending S.T. No. 617 of 2013 (State Vs. Chandan Kumar Gautam and others) arising out of Case Crime No. 317 of 2012 under Sections, 399, 402, 411 IPC, P.S. Dhoomanganj, District Allahabad. 3. Learned counsel for the applicant has submitted that a first information report stood lodged on 12.07.2012 being Case Crime No. 317 of 2012, under Section 399 and 402 IPC against the applicant, however, the applicant was enlarged on bail on 22.12.2021 by the court below. But, due to severe Hepatitis along with other ailments he went under medical treatment from 29.05.2024 to 20.10.2024 on account whereof on 05.07.2024 non bailable warrants have been issued. Learned counsel for the applicant submits that due to his ailing health, he could not present himself and join in the proceedings. He submits that the applicant shall surrender and file recall application and till recall is decided interim protection be accorded. 4. Learned AGA, on the other hand, submits that the applicant may file a recall application and till the recall application is decided, the coercive action may not be taken. 5. Considering the submission of the rival parties as well as the stand taken by them, the application stands disposed of requiring the applicant to appear and file a recall application by 04.04.2025 and the court below shall decide the same by 25.04.2025. Till 25.04.2025 no coercive action shall be taken against the applicant in S.T. No. 617 of 2013 (State Vs. Chandan Kumar Gautam and others) arising out of Case Crime No. 317 of 2012 under Sections, 399, 402, 411 IPC, P.S. Dhoomanganj, District Allahabad. 6. The interim protection so accorded to the applicant shall only remain available to him, in case, applicant sticks to the timeline and does not violate any of the conditions of the order, in case of any violation, the protection shall stand vacated without reference to the Bench. Order Date :- 11.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad