Neutral Citation No. - 2025:AHC:126773 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25574 of 2025 Applicant :- Raj Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Pankaj Dwivedi, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the order dated 22.04.2025 passed by learned ACJM, Court no. 1st, Agra in Criminal Case no. 957 of 2000 (NSA vs. Raj Kumar) arising out of Case Crime no. 238 of 1999, under sections 420, 467, 468, 473 IPC and Section 7/16 PFA Act, PS- Lohamandi, District Agra pending in court of learned ACJM, Court no. 1st, District Agra. 3. Learned counsel for applicant submitted that through instant application, order dated 22.04.2025 has been put under challenge whereby application preferred at behest of applicant seeking recall of non-bailable warrant and exemption for personal appearance, has been rejected. It is contended by learned counsel for applicant that applicant has already been released on bail and he appeared before learned trial court till 11.08.2011 but thereafter, he could not appear before court concerned since due to some health related issues, he remains bedridden. It is prayed that order dated 22.04.2025 be set aside and applicant who is aged about 82 years be permitted to appear before court concerned through counsel. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 5. Considering the physical condition of applicant who has already been bailed out and at present is near about 82 years old and bedridden, this Court finds that learned court of Additional Chief Judicial Magistrate, Court 1st, Agra has failed to consider this aspect while passing impugned order dated 22.04.2025 which is not sustainable and is hereby set aside. Applicant is directed to appear before learned concerned court through counsel for expedite disposal of the trial in pursuance to Criminal Case no. 957 of 2000. 6. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 29.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad