HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41663 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Arvind Prabodh Dubey, learned counsel for the accused- applicant and learned A.G.A. for the State. 2. Learned counsel for the accused-applicant restrict his prayer for viewing the CCTV footage, which is disclosed in CD No.37, wherein the details of CCTV footage in respect to Avinash Dubey alias Tinku Dubey is mentioned, which could be used as a defence by him in cross- examining the prosecution witnesses. He further submits that the learned trial court by order dated 21.08.2025 and corrected order dated 02.09.2025 has rejected the application for providing the CCTV footage to the accused in a pen drive. Hence, seeks interference of the Court under Section 528 B.N.S.S. 3. Learned A.G.A. accepts notice for the State. 4. There is no point in issuing notice to opposite party no.2. 5. Considering the innocuous prayer of learned counsel for the accused- applicant to view the CCTV footage, the same is granted. 6. The learned trial court may pass appropriate order in Sessions Trial No.156 of 2022 (State Vs. Rajesh Dubey and others), under Sections 323, 325, 452, 302, 34 I.P.C., Police Station Khajni, District Gorakhpur, pending in the court of Additional Sessions Judge, Court No.2, Gorakhpur, disclosing the date, time and place for viewing the CCTV Versus Counsel for Applicant(s) : Arvind Prabodh Dubey Counsel for Opposite Party(s) : G.A. Sarvendra Dubey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) footage, to the learned counsel for the accused-applicant, to be viewed in presence of the learned State Counsel. 7. The application is accordingly disposed of. October 29, 2025 Shivangi NA528 No. 41663 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad