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Neutral Citation No. - 2025:AHC:123398 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26469 of 2025 Applicant :- Kishan Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surya Bhan Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 BNSS, has been filed for quashing the entire proceedings in S.T. no. 290 of 2010 as well as charge-sheet no. 355 of 2009 dated 08.12.2009 and cognizance order dated 25.01.2010 under Section 4/25 Arms Act as well as NBW dated 25.05.2019 and proceeding of Section 82 Cr.P.C. dated 27.06.2025 in between (State of U.P. vs. Vijay Kumar & others) arising out of Case Crime no. 773 of 2009, PS- Sigra, District Varanasi pending in court of learned Special Judge, Prevention of Corruption Act, Varanasi and grant permission to applicant to move his bail application before concerned court.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 25.05.2019 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 25.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad