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Neutral Citation No. - 2025:AHC:141484 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21900 of 2025 Applicant :- Rajat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and quash the impugned order dated 02/07/2024, passed by Ld. Additional District & Sessions Judge-II, District: Hapur, issuing Non-Bailable Warrants against applicant in Sessions Trial No-10 of 2019 (State V/s Pinku and Other) Under Sections 395, 397, 412 and 120 B I.P.C., arising out of Case Crime No. 0514 of 2018, Police Station- Pilkhua, District- Hapur and further applicant may be permitted to surrender till the surrender or for the period of four weeks N.B.W. execution kindly may be stayed. And/or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
3. Learned counsel for the applicant submitted that the prayer made above is not being pressed and that in the aforesaid case applicant was on bail but later on he has gone out of State for work and his counsel could not move exemption application, due to which non-bailable warrants have been issued against applicant vide order dated 02.07.2024. It was submitted that applicant would appear before the trial Court concerned and a direction may be made to the trial Court concerned to decide his application for cancellation of warrants / application for bail expeditiously and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicant appears
/ surrenders before the court concerned within a period of two weeks from today and applies for cancellation of warrants or for bail, the same shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 5.
With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 19.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad