HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37138 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash order dated 28.8.2025 in Session Trial no. 24/2019 (State vs. Govardhan Sonkar) under Section 8/20 NDPS Act, arising out of Case Crime no. 1647 of 2017, PS- Purani Basti, District Basti. 3. Learned counsel for applicant submitted that impugned order dated 28.8.2025 has been passed by learned trial court, cancelling the bail of the applicant on the ground that counsel for applicant was not present in the court while PW2 was connected with the court for getting his cross- examination conducted on virtual conferencing. Applicant had preferred an exemption application dated 28.8.2025, before learned trial court but the same has not been considered by learned trial court while passing order dated 28.8.2025. On 28.8.2025, counsel of applicant was busy conducting cross-examination in another case hence, the absence of counsel for applicant is neither intentional nor deliberate and the punishment awarded to the applicant by cancelling his bail is arbitrary, unjust and illegal therefore needs interference. Applicant has always marked his presence in the entire order sheet and has barely taken any adjournment, whereas the prosecution has often taken adjournment. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that bail cancellation order cannot be challenged through petition under Section 482 Cr.P.C. Versus Counsel for Applicant(s) : B.S. Pandey, Kartikey Pandey Counsel for Opposite Party(s) : G.A. Govardhan Sonkar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for applicant opposed the argument raised by learned AGA and submitted that petition under Section 482 Cr.P.C. is maintainable as is held in the recent judgment rendered by Hon'ble Supreme Court in case of Abhimanue etc; Vishnu etc vs. State of Kerala reported in 2025 INSC 1136. 6. After hearing rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that reasons explained for non-appearance of applicant as well as learned counsel for applicant on dated 28.8.2025 before learned trial court seems to be satisfactory and as such impugned order dated 28.8.2025 is not sustainable in the eye of law and is hereby set aside. Matter is remitted back to learned concerned court/Additional Sessions Judge/Special Judge, NDPS Act, Basti for deciding afresh after affording due opportunity of hearing to all concerned. Needless to mention that the same shall be expedited without having any deliberate proceeding for seeking delay. 7. The instant application u/s 528 BNSS stands partly allowed accordingly. September 24, 2025 Shaswat NA528 No. 37138 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad