HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8614 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed with the prayer to quash the proceedings of Session Trial No.171/2016, in Case Crime No.591/2016 under Sections 376-D, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Mohanganj, District Amethi. 3. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case alongwith co-accused persons, thereafter, charge sheet was filed by the Investigating Officer. He also submits that applicant was enlarged on bail by this Court vide order dated 20.2.2017 passed in Bail No.1356 of 2017 and the trial of the case is pending. On the assurance of counsel, applicant went to Delhi for employment to maintain his family members, he was also assured by the counsel that whenever the court will call him, he will inform to him for appearance. When the applicant came into notice that N.B.W. has been issued in the last week of September, 2025, then immediately, he came back. Learned counsel for the applicant further submits that under compelling circumstances in relation to the employment, he went to Delhi, therefore, he may not be victimized, however, applicant is ready to cooperate in the trial of the case. Versus Counsel for Applicant(s) : Dilip Kumar Pandey Counsel for Opposite Party(s) : G.A. Mumtaj @ Muntaj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. Learned A.G.A. opposes the prayer of the applicant and submits that applicant is not cooperating in the trial since 19.4.2024 but he does not dispute the fact that applicant was enlarged on bail by this Court vide order dated 20.2.2017. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that applicant went out to Delhi in relation to the employment to maintain his family but the information was not given by his counsel in relation to appearance, as a result, neither he appeared nor any application for exemption was moved, therefore, N.B.W. was issued against the applicant. It may also not be denied that in relation to the employment, person has to go outside, therefore, this Court is of the view that as applicant is ready to cooperate in the trial, therefore, order dated 19.4.2024 passed by the trial court is liable to be set aside. 6. In view of the above, present application is allowed and the order dated 19.4.2024 passed by the trial court is hereby set aside. 7. The applicant is directed to appear before the court below on the date fixed and file an affidavit that he will not leave the district till conclusion of trial. October 17, 2025 GauraV/- A482 No. 8614 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench