HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38792 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri S.M.A.Abdy, learned counsel for the applicant appears and submits that the charge against the accused for murder and provision of SC/ST Act has been framed on 26.08.2019 but till date not even single witness in the case has been examined. The applicant accused is being aggrieved by order dated 07.05.2025 when he could not appear before the trial court due to ill health of his mother. Even the counsel has failed to file exemption application, which lead to issue of NBW against the accused. On two subsequent dates the applicant dare not to appear before the trial court as he is apprehending the arrest in view of NBW issued against him. Further prayer by way of this application is for expeditious trial of the case. 2. Learned AGA is present for the State-opposite party no.1. 3. There is no point in issuing notice to opposite party no.2, as the prayer in the present application is for quashing of NBW as well as issuance of notice to the sureties. 4. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the NBW recall application or bail application, as the case may be, before the court concerned. 5. The applicant may not be arrested for 30 days from today during which period the applicant may move appropriate application before the trial court. Versus Counsel for Applicant(s) : Abhishek Gupta, Diksha Maurya, Syed Mohammad Abbas Abdy Counsel for Opposite Party(s) : G.A. Ajaz Khan @ Babu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Request is made to the trial court to consider that the applicant was continuously appearing in the trial represented by a counsel. Further to consider the reason for his absence on the date fixed during his release on bail and pass an order sympathetically, but successive jumping of bail is not to be ignored. 7. The application is, accordingly disposed of. October 7, 2025 Abhishek Sri. NA528 No. 38792 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad