Neutral Citation No. - 2025:AHC:119576 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22654 of 2025 Applicant :- Neeraj Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Gaur Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Rahul Gaur, learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the order dated 27.03.2025 passed by learned Special Judge, (N.D.P.C. Act)/Additional Sessions Judge, Court No. 4, Etah in Bail Cancellation Application No. 2687 of 2024 arising out of Case Crime no. 187 of 2018, Police Station Pilua, District Etah, by which the Court below has rejected the bail application of the applicant and prepared the warrant under Section 309 Cr.P.C. 4. It is submitted by learned counsel for the applicant that applicant has been granted bail by coordinate Bench of this Court vide order dated 26.09.2018 passed in Criminal Misc. Bail Application No. 36546 of 2018. Thereafter bail cancellation application was moved by the State of U.P. through Special Public Prosecutor, N.D.P.S., Etah on 19.12.2024 on the ground that the applicant violate the terms and conditions of bail. Thereafter, learned court below without considering the factum of N.C.B. Case No. 11 of 2024, under Sections 8, 20, 29 of N.D.P.S.. Act, cancelled the bail of the applicant vide order dated 27.03.2025, which is granted by coordinate Bench of this Court and as such the order dated 27.03.2025 is wholly illegal, arbitrary, unjust, unreasonable and the same is liable to be quashed. 5. Per contra, learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioners. 6. After having the rival contentions raised by learned counsel for parties, the order dated 27.03.2025 passed by learned Special Judge, (N.D.P.C. Act)/Additional Sessions Judge, Court No. 4, Etah in Bail Cancellation Application No. 2687 of 2024 arising out of Case Crime no. 187 of 2018 is modified only to the extent for sending the warrants under the strict provisions of Bharatiya Nagarik Suraksha Sanhita in place of Section 309 Cr.P.C. 7. In view of the above, the instant application stands disposed of. Order Date :- 22.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad