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2025 DAILYLAW 2237 (ALL)

GOPAL v. STATE OF U.P. AND ANOTHER

NA528/51416/2025 · 2026-04-22

Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51416 of 2025 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by applicants for quashing the impugned Non Bailable Warrant dated 26.09.2025, passed by the Special Judge (POCSO Act), Additional District and Sessions Judge (ADJ), Mathura in Special Case No.662 of 2024 (State vs. Monu and Otheres), arising out of Case Crime No.257 of 2024, under Section 363, 376 D IPC and Section 5G/6 of POCSO Act, Police Station Koshikala, District Mathura. 3. It is submitted by learned counsel for the applicant that applicant is ready to appear before the court concerned and on account of compelling circumstances, he could not appear on the date fixed before the court below therefore, as a result of the same, non bailable warrant dated 26.09.2025 has been issued against the applicant. 4. Learned counsel for the applicant submitted that applicant undertakes to participate in the trial court's proceedings and he shall remain present before the court concerned unless the personal presence of the applicant is exempted by the court below. It is further submitted by learned counsel for the applicant that the applicant will cooperate in the trial court's proceedings. Versus Counsel for Applicant(s) : Birendra Singh, Neeraj Singh Kushwaha, Yash Pratap Singh Counsel for Opposite Party(s) : G.A. Gopal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. On the other hand learned AGA submits that due to non appearance of the applicant on several dates, the leaned trial Court proceeded to issue non bailable warrant against the applicant. 6. In view of the facts of the case, this Court deems it fit that non bailable warrant issued against the applicant shall be kept in abeyance for a period of four weeks and applicant shall appear before the court concerned within the time fixed by this Court. If, the applicant appears before the court concerned, non bailable warrant shall not be further executed. However, if the applicant fails to appear or participate in the trial proceeding within the time fixed by this Court, non bailable warrant shall be executed against the applicant without delay. 7. In view of the aforesaid, this application is disposed of. April 23, 2026 Nitendra NA528 No. 51416 of 2025 2 (Vivek Kumar Singh,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad