Neutral Citation No. - 2025:AHC:108166 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23771 of 2025 Applicant :- Naveen Upadhayay Alias Rohit Upadhayay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant and Sri Jyoti Kumar Singh, learned A.G.A. for the State- O.P. No.1. 2. The instant application under Section 482 Cr.P.C. has been filed praying for quashing the NBW dated 17.06.2025 as well as entire criminal proceeding of Sessions Case No.398 of 2024 (State vs. Naveen Upadhayay @ Rohit) arising out of Case Crime No.50 of 2024 under section 376, 504, 506 IPC and Section 5/6 POCSO Act, at P.S.Mail, District-Deoria pending in the Court of Additional District and Sessions/Special Judge, POCSO Court no.01, Deoria. 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 order of NBW dated 17.06.2025, 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 :- 9.7.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad