Neutral Citation No. - 2025:AHC:137378 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23362 of 2025 Applicant :- Suresh Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Rathor Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Satya Prakash Rathor, learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the applicant submits that the matter under challenge in the present application under Section 528 Cr.P.C. is the non-bailable warrants issued against the accused, initially the Division Bench of this Court in Criminal Misc. Writ Petition No.12142 of 2010 (Suresh Kushwaha and another Vs. State of U.P. and other) has granted the interim order that till the next date of listing, the arrest of accused, namely, Suresh Kushwaha and Smt. Laxmi in Case Crime No.142 of 2010, under Sections 363, 366 I.P.C., Police Station Kotwali Mahoba, District Mahoba, shall remain stayed. It is, thereafter, that the charge sheet has been submitted in the year 2010 and since then, the accused applicant did not appear in the trial of the case. The non-bailable warrant has been issued. The accused applicant has not appeared so far in the case. 3. Learned AGA accepts the notice for the State. 4. There is no point of issuing notice to the opposite party no.2. 5. There is no merit in the case as the applicant is evading arrest. Hence, the application u/s 528 is dismissed. 6. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the bail application, hence, the accused-applicant shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, he should appear before the trial court and apply for bail within 30 days from the date of this order. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764, that the accused-applicant has not been arrested during investigation. 7. The trial court before disposal of bail application, shall consider the release of applicant on interim bail. Order Date :- 13.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad