HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38614 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been filed praying for quashing non bailable warrant orders dated 29.03.2022 passed by learned Additional Sessions Judge, Room No. 1/ Special Judge (POCSO), Siddharth Nagar in Special Criminal Case No. 54 of 2019 (State Vs. Sameeullah), arising out of Case Crime No. 54 of 2019, under Sections 363, 366, I.P.C. and Section 7/8 of Protection of Children From Sexual Offences Act, Police Station Itawa, District Siddharthnagar. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. 5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within twenty days from today and applies for bail, his prayer for bail shall be Versus Counsel for Applicant(s) : Ashutosh Mishra Counsel for Opposite Party(s) : G.A. Sameeullah .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) considered and decided in accordance with law. 6. For a period of aforesaid twenty days from today, the non- bailable warrant issued against the applicant shall be kept in abeyance. 7. The present application stands disposed of. (Dr. Gautam Chowdhary,J.) September 14, 2026 Mustaqeem. NA528 No. 38614 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad