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2025 DAILYLAW 91768 (ALL)

NITIN @ DOLLAR v. STATE OF U.P. AND ANOTHER

NA528/33688/2025 · 2025-09-18

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33688 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. By means of present application u/s 528 BNSS, the applicant has prayed for quashing NBW order dated 1.2.2025 in S.T. No. 967 of 2019/ SC No. 188 of 2018 (State vs. Sandeep and others) arising out of Case Crime no. 207 of 2019, under Sections 395, 412, 120-B IPC, P.S. Lalkurti, District Meerut, pending in the court of Additional District Judge/ Special Judge, court no. 2, (Anti Corruption Act) Meerut. 2. Heard learned counsel for the applicant and learned AGA for the State. 3. Learned counsel for the applicant submits that the FIR was lodged against three unknown persons under section 394 IPC by the informant for robbery of a cash bag. During investigation, three suspects i.e. applicant and two other namely Sandeep @ Sambhu and Umang were caught and from their possession a sum of Rs. 4,60,000/- were recovered out of stolen money. He next submitted that the applicant was enlarged on bail by the order of competent court but he failed to appear before the court below during trial at the stage of evidence and therefore, the non bailable warrant has been issued against him. 4. Learned AGA has raised no objection to the prayer made by counsel for the applicant. 5. In view of the above, it is directed that the applicant shall appear before the court below within 30 days from today and file an application for cancelling/ recalling of non bailable warrant. In case such application is Versus Counsel for Applicant(s) : Hemant Kumar Counsel for Opposite Party(s) : G.A. Nitin @ Dollar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) filed, the court below shall recall the order on furnishing of a person bond to the satisfaction of the court concerned. 6. For a period of 30 days or till appearance of the applicant, whichever is earlier, NBW issued against the applicant shall remain in abeyance. 7. With above observations, the application is disposed of. September 19, 2025 Dhirendra/ NA528 No. 33688 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad