Neutral Citation No. - 2025:AHC:78516 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12337 of 2025 Applicant :- Dharamveer Rajpoot Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Sushil Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Dharamveer Rajpoot, who is a named as well as charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously pleased to stay/quash the order dated 17/02/2021 passed by Addl. Sessions Judge/Special Judge (SC/ST Act), Auraiya in Spl. ST No. 139 of 2017, "State Vs. Dharamveer Rajpoot", under sections 376, 506 of IPC and 3(2) (V) of SC/ST Act, Police Station-Bidhuna, District-Auraiya arising out of Case Crime No. 296 of 2017, Police Station-Bidhuna, District-Auraiya. It is most respectfully further prayed that this Hon'ble Court may kindly pleased to stay the further proceedings of the Spl. S.T. No. 139 of 2017, "State Versus Dharamveer Rajpoot under sections 376, 506 of IPC. and 3(2)(V), of SC/ST Act, Police Station-Bidhuna, District-Auraiya pending in the Court of learned Addl. Sessions Judge/Special Judge, SC/ST Act, Auraiya arising out of Case Crime No. 296 of 2017, Police Station- Bidhuna, District-Auraiya during the pendency of present application before this Hon'ble Court and/or may pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." At the very outset, the learned A.G.A. representing State opposite party 1 has raised a preliminary objection by contending that applicant was enlarged on bail, vide order dated 31.1.2019. However, applicant absconded from the proceedings of consequential trial from 17.6.2020. In view of above, the proceedings of aforementioned Sessions Trial remained held up for almost five years. Even though, a period of almost five years has expired, applicant has not appeared before Court below. On the above premise, the learned A.G.A. submits that no indulgence be granted by this Court in favour of applicant in present application. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record As such, no good ground exists to entertain the present application. In view of above, present application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 13.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad