Neutral Citation No. - 2025:AHC:33264 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5497 of 2025 Applicant :- Shahnawaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mohd. Jamshed Khan, learned counsel for the applicant and Sri Muniraj Mehrotra, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 528 BNSS against N.B.W. dated 12.02.2024 issued by Additional Chief Judicial Magistrate, Court No. 3, District Meerut in Case No. 1357 of 2019 [State of U.P. Vs. Shahnawaz] arising out of Case Crime No. 163 of 2015 under Sections 379, 411 of I.P.C., Police Station Mundali, District Meerut pending in the Court of Additional Sessions Judge (Court No. 17), District Meerut. 3. Learned counsel for the applicant submits that post lodging of the first information report under Section 379 of the Cr.P.C. being No.0163, the applicant obtained bail, however, on 12.2.2024 the non-bailable warrant has been issued while inviting attention towards paragraph 9 of the application it is being sought to be contended that the applicant was ill. He further submits that the applicant shall surrender/prefer a recall application before the court below but some breathing time be accorded. 4. Learned AGA on the other hand submits that the he does not dispute the said fact. 5. Considering the submissions so made across the bar, the application stands disposed of directing the applicant to surrender/file recall application by 27.3.2025 and on the said motion the court below shall decide the recall application by 17.4.2025. Till then no coercive action shall be taken against the applicant pursuant to N.B.W. dated 12.02.2024 issued by Additional Chief Judicial Magistrate, Court No. 3, District Meerut in Case No. 1357 of 2019 [State of U.P. Vs. Shahnawaz] arising out of Case Crime No. 163 of 2015 under Sections 379, 411 of I.P.C., Police Station Mundali, District Meerut pending in the Court of Additional Sessions Judge (Court No. 17), District Meerut. 6. The interim protection so accorded by this Court today shall remain only applicable in those contingencies wherein the applicant sticks to the timeline and does not violate by any of the conditions of the order and in case there is any violation of the timeline and then the interim protection shall stand vacated without any reference to the Bench. 7. In view of above, the present application under section 528 of the B.N.S.S. stands disposed of. Order Date :- 7.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad