Neutral Citation No. - 2025:AHC:66603 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10881 of 2025 Applicant :- Ajeet Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- Abhishek Kumar Jaiswal,G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Kamlesh Kumar Tripathi, learned counsel for the applicant and Sri Bhupendra Pal and Sri Alok Sharma, learned A.G.A.s for the State. 2. This Court has passed following order on 28.04.2025:- " 1. It is very unfortunate that despite NBW issued against prosecution witness (I.O. of concerned case), he has not come forward to depose. 2. The order sheet of Trial Court does not indicate that whether NBW was served upon him or not. 3. In view of above, let Superintendent of Police, Etawah along with concerned S.H.O. of P.S.- Jaswant Nagar remain present tomorrow i.e. 29.04.2025 at 2.30 PM to explain as to why not an action be taken against them for not complying the order passed by trial Court i.e. for not executing NBW or not to submit report thereof. 4 Registrar (Compliance) to take steps." 2. It appears that correct facts was not communicated to the Court by learned counsel for the applicant on last date. 3. I have taken note of submission of learned A.G.A. that prosecution witness Sudesh Kumar though has not appeared in pursuance of the bailable warrant, but has appeared in pursuance of non-bailable warrant and his statement was recorded on 15.10.2024. Therefore, there was no need to call the Superintendent of Police, Etawah along with concerned S.H.O. (present in Court) to explain why the bailable warrant was not executed, since it was already executed. 4. In the aforesaid circumstances, this bail application is rejected, however, the liberty is granted to applicant that he may approach this Court or trial court as the case may be for bail after reasonable period along with status of trial. Order Date :- 29.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad