A non-bailable warrant issued for non-appearance may be cancelled if the accused demonstrates a genuine intent to participate in subsequent proceedings and provides a formal undertaking to appear regularly, ensuring the interest of justice is served through both accountability and procedural compliance.

ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of respondent-State.

2. This petition under Article 226 of the Constitution of India has been preferred with the prayer to convert the non-bailable warrant dated 30th January 2026 issued under Section 70 of the Code of Criminal Procedure into a bailable warrant. The petitioner challenges the warrant issued against him in Criminal Case No. 19929 of 2025.

3. Without entering into the merits of the case, which are not relevant for the purpose of deciding the present petition, learned advocate Mr. Maulik Soni would submit that the petitioner is aged 29 years and was initially doing a job; however, he had started a business of dry fruits. It is merely because of non-appearance that he could not remain present before the concerned Court. Other two FIRs are also lodged against him, and he was pursuing his legal remedy, and therefore he could not remain present before the concerned trial court on the dates so fixed.

4. Per contra, learned APP Mr. Rohan H. Raval would submit that, in view of the submissions made by the learned advocate for the petitioner during the arguments, the petitioner is ready and willing to file an undertaking before the learned trial Court. Therefore, appropriate orders may be passed.

5. Having heard learned advocates for the respective parties and having perused the averments made in the petition and the documents made available along with the petition, it appears that a non-bailable warrant was issued against the present petitioner due to his successive absence. Though learned advocate for the petitioner has fairly submitted that two other FIRs were lodged against him during this period, be that as it may, in the interest of justice, the petitioner is directed to file an undertaking before the trial Court to the effect that he would remain present on every date of hearing unless exempted by the trial Court, and in view of the same, the following order is passed:

(i) The non-bailable warrant issued under Section 70 Cr.P.C. against the present petitioner dated 30th January 2026 is cancelled on condition of depositing costs of ₹5,000 before the trial Court. The petitioner shall remain present before the concerned Court on 1st July, 2026 and shall also file the undertaking on the same day.

6. In view of above, the present petition is partly allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service is permitted.