HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27257 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants and learned A.G.A. and perused the record. 2. The instant application under Section 528 BNSS has been filed with the prayer to quash the impugned orders dated 21.05.2025 and 05.06.2025 passed by the Court of Additional District & Sessions Judge, IVth Fast Track Court, Bulandshahr, wherein non-bailable warrants have been issued against the applicants along with regular bail of the applicants have been rejected in Session Trial (Session Case ) No.203 of 2016 (State vs. Sachin and others) arising out of Case Crime No.212 of 2014, under Sections 147, 148, 149, 307, 332, 353, 336, 427, 504 and 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Syana, District Bulandshahr by remanding the matter back to the court below for passing of fresh order. 3. Learned counsel for the applicants submits that in the present application, the only prayer made is for the quashing of the non-bailable warrants issued against the applicants. Therefore, the matter may be disposed of after hearing the Versus Counsel for Applicant(s) : Akhilesh Kumar Singh, Manvendra Kumar Yadav, Virendra Singh Counsel for Opposite Party(s) : G.A. Sachin Kumar And 3 Others .....Applicant(s) State of U.P. .....Opposite Party(s) submissions of the applicants and learned State Counsel. He further submits that the applicants have been falsely implicated in the present case, i.e., Case Crime No. 212 of 2014, under the aforementioned sections, Police Station Syana, District Bulandshahr, in respect of which S.T. No. 203 of 2016 is pending before the concerned court. The charges have already been framed against the applicants and the other co-accused. The applicants were enlarged on bail during the course of the trial and participated in the proceedings before the trial court until 27.11.2024, as evident from the order sheet of the trial court dated 27.11.2024, with the next dates fixed on 20.12.2024 and 20.01.2025. Consequently, the applicants were convicted and sentenced for the offences under Sections 323/34 and 504 IPC and Section 3(1)(x) of the SC/ST Act by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Bulandshahr, in Special Sessions Trial No. 438 of 2016 (State vs. Ravindra Singh and others), arising out of Case Crime No. 227 of 2014, Police Station Siyana, District Bulandshahr. They were taken into judicial custody following conviction in the said case on 01.02.2025 and were granted bail by this Court on 05.06.2025 in Criminal Appeal No. 1556 of 2025. During this period, an application was moved on their behalf on 06.02.2025 to summon them from jail, but they were not summoned. As many as nine prosecution witnesses were examined by the trial court, and the evidence concluded on 06.05.2025. The applicants filed an application for recall of warrants on 30.06.2025, which was dismissed as not pressed. 4. The applicants have not failed to appear before court below deliberately but due to compelling circumstances, as they were held in judicial custody during that period. 5. Learned A.G.A. has no objection regarding prayer made in present petition for cancellation of non-bailable warrants. 6. Considering the rival submissions of the learned counsel for the parties and material available on record, the prayer made in NA528 No. 27257 of 2025 2 present petition is liable to the granted. 7. Accordingly, the application under Section 528 BNSS is hereby allowed. The applicants are directed to appear before the concerned court within one month from today and file a fresh application for cancellation of warrant, which may be allowed by the court upon furnishing a personal bond to its satisfaction. The fresh application for cancellation of warrants, in light of the order of this Court, shall be allowed upon furnishing a personal bond to the satisfaction of the concerned court. 8. The non-bailable warrants shall remain in abeyance for a period of one months or until the appearance of the appellants before the trial Court, whichever is earlier. September 22, 2025 Amit NA528 No. 27257 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad