Neutral Citation No. - 2025:AHC:87805 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 16512 of 2025 Applicant :- Mohd. Zaid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- Dharmendra Kumar,G.A.,Mahendra Yadav Hon'ble Vinod Diwakar,J. 1. Heard Shri Anoop Trivedi, learned Senior Counsel, assisted by Shri Abhinav Gaur, learned Counsel for the applicant through video conferencing, learned counsel for the complainant, as well as the learned Additional Government Advocate representing the State. 2. The present application has been filed seeking the quashing of the non-bailable warrant dated 03.12.2024, which was issued by the learned Chief Judicial Magistrate, Prayagraj, in Case Crime No. 123 of 2024, under sections 191(2), 191(3), 190, 352, 103(1), 109(1), and 61(2)A of the B.N.S. at Police Station Bahariya, District Prayagraj. 3. Shri Anoop Trivedi, learned Senior Counsel for the applicant, submits that the applicant has not received any notice, summons, or warrant during the course of investigation. He further submits that six co-accused persons have already been granted bail by this Court and are presently facing trial. It is also contended that the impugned order was passed by the learned trial court without having jurisdiction. Therefore, a prayer has been made to invoke the power vested in this Court to set aside the same. The learned Senior Counsel further undertakes that the applicant is ready and willing to join the investigation as and when required by the Investigating Officer. The applicant further undertakes to cooperate with the Investigating Officer. 4. On the other hand, the learned A.G.A. and learned counsel for the complainant have opposed the prayer made in the application. 5. Having considered the submissions made by the learned counsel for the parties, including the counsel for the complainant, it is directed that the applicant shall join the investigation tomorrow i.e. 24.05.2025 at 10:00 a.m. and thereafter as and when required by the Investigating Officer. So far as the recall of the non-bailable warrant dated 03.12.2024 is concerned, the applicant shall have liberty to prefer an appropriate application before the trial court, and the trial court shall decide the same in accordance with law, after considering the gravity of the offence. Meanwhile, for a period of fifteen days or until such application for recall of the non-bailable warrant has been filed before the trial court— whichever is earlier—the effect and operation of the non-bailable warrant dated 03.12.2024 has been stayed. 6. The application is disposed of accordingly. Order Date :- 23.5.2025 Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad