Neutral Citation No. - 2025:AHC:122675 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 24274 of 2025 Applicant :- Avdhesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval, Shiv Singh Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Ankit Agarval, learned counsel for the applicant and Sri S.D. Pandey, learned A.G.A. for the State-O.P. No.1. 2. The instant application under Section 528 B.N.S.S. has been filed praying for quashing impugned order dated 02.04.2021 as well as order dated 04.06.2025 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Pilibhit in Special Sessions Trial No.39A of 2016 (arising out of Case Crime No.1253 of 2015) as "State Vs. Ganesh Prashad and others" under Sections 363, 366, 376 and 120B IPC and Section 3/4 of POCSO Act, P.S.Jahanabad, District-Pilibhit, whereby the learned trial court has issued non-bailable warrant as well as 82 and 83 Cr.P.C. against the applicant. 3. After arguing for sometime, the only prayer sought by the counsel for the applicant is that the applicant is willing to obtain bail after surrendering in the court below, and for that a protective direction may be issued to the concerned trial court to consider and decide the proposed bail application of the applicant. 4. Per contra, learned A.G.A. vehemently opposes the present application and submits that since the applicant is not cooperating in the court proceedings, NBW has been issued against the applicant and as such, he deserves no leniency by this Court. 5. Having gone through the rival submissions of the learned counsel for the parties and on perusal of the record, I do not see any illegality, impropriety and incorrectness in the impugned proceedings under challenge, and there is nothing else which may suggest that there is abuse of court's process. There is no good ground to interfere in the impugned proceedings of the above mentioned case, therefore, the prayer for quashing the orders 02.04.2021 as well as order dated 04.06.2025, is refused. 6. However, on the request of learned counsel for the applicant that the applicant wants to surrender in the court below and apply for bail, it is directed that in case the applicant surrenders within three weeks from today and applies for bail by moving an appropriate bail application, the same shall be considered and decided by the concerned trial court purely on its own merits. 7. With the aforesaid observations, this application is finally disposed of. Order Date :- 25.7.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad