HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18243 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Sri Syed Ali Imam, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the non-bailable warrant dated 20.06.2024 issued in the Special Case No.126 of 2020, arising out of Case Crime No.1414 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Phase III, District Gautam Buddh Nagar, pending before the Additional Sessions Judge, POCSO Act-I, Gautam Buddh Nagar. 3. Learned counsel for the applicant submits that the applicant is a labour. He has no instructions from his counsel to appear in the Court. As such, he was hopeful that his counsel might have taken care of his case, which led to issuance of non-bailable warrant by the Court on 20.06.2024. It is further submitted that the accused applicant wants to appear in the Court to face trial as he was already appearing in the case, but the witnesses were not being produced by the prosecution. 4. Learned AGA accepts the notice for the State. 5. There is no point of issuing notice upon opposite party no.4. 6. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the NBW recall application or bail application as the case may be. Versus Counsel for Applicant(s) : Syed Ali Imam Counsel for Opposite Party(s) : G.A. Javed Khan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. The applicant may not be arrested for 30 days from today during which period the applicant may move appropriate application before the trial court. 8. Request is made to the trial court to consider that the accused was being represented by a Counsel, who did not appear in the case or moved exemption application, even the vakalatnama has also not been withdrawn. Further to consider the reason for his absence on the date fixed during his release on bail and pass an order sympathetically, but successive jumping of bail is not to be ignored. 9. The application under Section 528 B.N.S.S. is accordingly disposed of. September 4, 2025 Shivangi NA528 No. 18243 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad