HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38640 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. This application under Section 528 of BNSS has been filed by the applicant - Gopal Hela for quashing the non- bailable warrant dated 7.2.2024 issued by Additional District and Sessions Judge - XIII, Varanasi in S.T. No.370 of 2020, arising out of case crime no. 730 of 2019, under Section 3(1) Gangster Act, P.S. Lanka, District Varanasi and further to stay the effect and operation of the said order. 3. Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial. 4. Learned AGA appearing for the State opposed the prayer. 5. Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused. 6. However, without expressing any opinion on the merits Versus Counsel for Applicant(s) : Amarnath Tripathi Counsel for Opposite Party(s) : G.A. Gopal Hela .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of the case, the application is disposed of with a direction to the applicant to surrender before the court below within one month from today and apply for bail, which shall be considered by the Court concerned in accordance with law. For a period of one month from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance. 7. In case of default, the Court concerned shall be at liberty to take all coercive steps against the applicant for ensuring his appearance. 8. With the aforesaid observations, the application is disposed of. October 14, 2025 safi NA528 No. 38640 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad