HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38849 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 for quashing the non-bailable warrant dated 10.9.2025 issued by Additional District and Sessions Judge, 3rd, Bareilly Session Trial No.885 of 2024, arising out of case crime no. 0076 of 2024, under Sections 342, 394, 412, 420 IPC and 3/25/27 Arms Act, P.S. Kyoladiya, District Bareilly. 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. It is also submitted that on 10.9.2025 when PW-2 was present an exemption application was moved by the applicant but his counsel did not appear before the Court to perform cross-examination from the said witness, the Court concerned passed the aforesaid order issuing non- bailable warrant against the applicant. 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, Versus Counsel for Applicant(s) : Pradeep Kumar Shukla Counsel for Opposite Party(s) : G.A. Bhanu Pratap .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 of the case, the application is disposed of with a direction to the applicant to surrender before the court below within 15 days from today and apply for bail, which shall be considered by the Court concerned in accordance with law. For a period of fifteen days days 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. It is also observed that the applicant will extend full cooperation to the trial court in disposal of the trial. 8. With the aforesaid observations, the application is disposed of. October 14, 2025 safi NA528 No. 38849 of 2025 2 Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad