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Neutral Citation No. - 2025:AHC:128424 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 26317 of 2025 Applicant :- Purushottam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey,Vinesh Kumar Soni 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 for quashing of the entire proceedings, including order dated 03.03.2023 as well as non-bailable warrants, of S.S.T. No. 41 of 2019 (State Vs. Amit and others), arising out of Case Crime No.426 of 2018, under Section 392 IPC, P.S.- Malpura, District- Agra, pending in the court of Special Judge (D.A.A.), Agra.
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 and he was regularly appearing before the trial Court but due to some urgency, he could not appear before the trial Court on 20.04.2023 and thus non-bailable warrants were issued against him. It was submitted that no summon or bailable warrant was issued before issuance of non-bailable warrants. It is further submitted that applicant would appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicant expeditiously in accordance with law and protection may be granted till then.
4. In view of aforesaid, it is directed that in case applicant surrenders before the court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled 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 :- 31.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad