Neutral Citation No. - 2025:AHC:103232 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21199 of 2025 Applicant :- Brajmohan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar,Nagendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been preferred against order dated 09.08.2024, passed by A.D.J.-IIIrd / Special Judge (D.A.A.), Agra in S.T. No. 49 of 1998, arising out of Case Crime No.28 of 1998, under Sections 392, 411 IPC, P.S.- Iradat Nagar, District- Agra, whereby recovery warrants have been issued against applicants. 3. It has been submitted by learned counsel for the applicants that in the aforesaid case applicants have submitted their surety bonds for accused Narendra. During trial, accused Narendra has absconded and the trial Court has issued non-bailable warrants against accused and notice was issued to the applicants / sureties. It was submitted that no notice was served upon applicants and without service of any notice, the trial Court has issued recovery warrants against applicants vide impugned order dated 09.08.2024. Neither the bail bonds were forfeited nor any notice was served upon applicants and thus the recovery warrants issued against applicants are against law and the impugned order is liable to be quashed. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. In the present case, it was stated that applicants have submitted their surety bonds for accused Narendra. As per version of applicants, no notice was served upon them. The record also does not show that any notice was served upon applicants. There is nothing to indicate that bail bonds submitted by applicants were forfeited. It appears that learned trial Court has not adopted proper procedure and the order of issuance of recovery warrants is arbitrary and the same is not in accordance with law. It was also shown that after the impugned order, the accused Narendra has already been arrested and he has been granted bail. 7. In view of aforesaid, the impugned order dated 09.08.2024 is hereby set aside. However, the learned trial Court would be at liberty to initiate fresh proceedings against the applicants in accordance with law. 8. The application u/s 528 BNSS is allowed in above terms. Order Date :- 3.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad