HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9655 of 2026 Court No. - 93 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the appellant, Shri Aditya Prasad Mishra, learned counsel for O.P. No.2 and learned AGA for the State. 2. The present criminal appeal has been filed by the appellants with a prayer to set aside the order dated 13.08.2025 passed by Special Judge (SC/ST Act), Meerut in Special Session Trial No.25 of 2019 (State vs. Arun Chauhan), arising out of Case Crime No.560 of 2016, under Sections 147, 323, 34, 336, 504, 506, 307 and 302 IPC and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.- Medical College, District- Meerut. 3. In the present matter, the First Information Report was registered as Case Crime No. 560 of 2016 under Sections 147, 323, 336, 504 and 506 IPC and Section 3(1)(10) of the SC/ST Act. During the course of investigation, the Investigating Officer submitted a charge-sheet against the accused-appellant and other co-accused under Sections 147, 323, 34, 336, 504, 506, 307 and 302 IPC and Section 3(2)(v) of the SC/ST Act. 4. During the pendency of the proceedings, the accused-appellant preferred Criminal Misc. Writ Petition No. 21156 of 2016, which was disposed of vide order dated 28.09.2016. The relevant portion of the said order is extracted below: “However, considering the submissions advanced by learned counsel for Versus Counsel for Appellant(s) : Abhay Pratap Singh, Anoop Singh, Indrajeet Chaurasia Counsel for Respondent(s) : Aditya Prasad Mishra, Ashutosh Tripathi, G.A. Arun Chauhan .....Appellant(s) State of U.P. and Another .....Respondent(s) the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.” 5. Learned counsel for the appellant submits that his father became unwell due to certain reasons and, on account thereof, he could not appear before the trial court and participate in the proceedings. It is further submitted that the appellant was under the misconception that the proceedings against him had already been finally disposed of vide order dated 28.09.2016 passed in Criminal Misc. Writ Petition No. 21156 of 2016. 6. Admittedly, cognizance in the present case was taken in the year 2016, whereafter, on account of the non-cooperation and non-participation of the accused-appellant in the proceedings, non-bailable warrant was issued against him. Thereafter, proceedings under Sections 82 and 83 Cr.P.C. were initiated against the appellant. Although, no specific reason for initiating such proceedings has been mentioned in the order-sheet placed on record along with the appeal and perusal of the order-sheet reveals that summons service pulinda had already been placed on record by the concerned authority, whereafter the non-bailable warrant was issued against the appellant. It is also evident that the appellant was specifically aware of the conditional order passed by this Court on 28.09.2016 in Criminal Misc. Writ Petition No. 21156 of 2016, whereby he was granted protection from arrest only till submission of the police report under Section 173(2) Cr.P.C., subject to his cooperation with the investigation. Despite having knowledge of the said order, the appellant failed to appear before the trial court and participate in the proceedings for about nine years. 7. Considering the aforesaid facts and circumstances of the case, this Court finds no illegality or infirmity in the order passed by the learned trial court issuing non-bailable warrant against the accused-appellant. 8. Since, the appellant has not been enlarged on bail till date, as submitted by learned counsel for the appellant, he is directed to appear before the court concerned and move bail application, within within two weeks from CRLA No. 9655 of 2026 2 today. It is made clear that no application seeking extension of the aforesaid period shall be entertained by this court. 9. In case, the appellant moves bail application before the court concerned, the same shall be considered and decided by the trial court expeditiously and preferably on the same day, in light of principles laid down by the Supreme Court as well as this Court regarding surrender and bail. 10. In case, the appellant fails to appear before the court concerned within the stipulated period, the trial court will be at liberty to adopt appropriate coercive proceedings including NBW, in accordance with law, for securing his presence. 11. With the aforesaid directions, the appeal is, accordingly, dismissed. 12. Registrar (Compliance) is directed to serve a copy of this order by FAX/e-mail to the court concerned through District & Sessions Judge, Meerut within 48 hours. September 23, 2026 Ankit. CRLA No. 9655 of 2026 3 (Santosh Rai,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad