Neutral Citation No. - 2025:AHC:71570 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 15468 of 2025 Applicant :- Mohammad Wasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niharika Singh Parihar,Suresh Chandra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Geetam Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Mohammad Wasim, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 BNSS. with the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to direct the Additional District and Session Judge, Court No. 17, Aligarh, to recall the Non Bailable Warrant dated 19-09-2024 passed by learned Additional District and Session Judge, Court No. 17, Aligarh in Session Trial Court 198/2018 (State Vs. Mohd. Naseem and Another) arising out of the Case Crime No. 564 of 2017 U/s 302, 394, 201 ,411 I.P.C. P.S. Gandhi Park, District Aligarh. It is further prayed that this Hon'ble Court may be pleased to direct the Additional District and Session Judge, Court No. 17, Aligarh to consider the fresh bail bond for releasing applicant on bail in Session Trial Court 198/2018 (State Vs. Mohd. Naseem and Another) arising out of the Case Crime No. 564 of 2017 U/s 394,,302, 201, 411 I.P.C. P.S. Gandhi Park, District Aligarh And/or may pass such other and further orders and direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that applicant is a charge sheeted accused and facing trial before Court below. The trial is at the stage of cross-examination of PW-1. 5. At this stage an exemption application was filed by accused Mukesh Kumar on 19.09.2024 which was allowed by Court below. However, neither any application for adjournment/stay was filed on behalf of present applicant before Court below nor anyone appeared on his behalf to seek adjournment. Though, an application for exemption was filed on behalf of applicant before Court below but no one appeared on behalf of accused applicant to press this application before Court below. In view of aforesaid circumstances there was no option with the Court below but to pass the order impugned. On the above premise, the learned A.G.A. thus submits that applicant himself is responsible for the situation which has now emerged. As such, no interference is warranted by this Court in present application. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 5.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad