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2025 DAILYLAW 81057 (ALL)

BHOORA v. STATE OF U.P. AND ANOTHER

NA528/28126/2025 · 2025-08-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131980 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28126 of 2025 Applicant :- Bhoora Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Vir Singh Vimal,Vinod Kumar Pandey 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 non-bailable warrant order dated 26.02.2018 passed by Judicial Magistrate, Jewar, Gautam Buddh Nagar in Case no. 225/2016 (State vs. Bhoora and another) under sections 419, 420, 482, 170 IPC and Section 60/63 of Excise Act, arising out of FIR dated 13.10.2015 in Case Crime no. 526/2015, under sections 419, 420, 482, 170, IPC and Section 60/63, Excise Act, PS- Jewar, District Gautam Buddh Nagar. 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. Applicant has already been granted bail way back in the year 2015 itself. 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 26.02.2018 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 :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad