Nanhakau Alias Sunil Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Nanhakau Alias Sunil Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant directed to appear/surrender before the Trial Court within two weeks and apply for bail, which shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for two weeks or until appearance/surrender, whichever is earlier.

Issue for consideration

Whether the situation created by the non-bailable warrants issued against the applicant (who had been on bail but missed the Trial Court appointment of 13.02.2025) could be resolved by having him appear/surrender before the Trial Court, apply for bail, obtain interim protection from coercive action, and secure expeditious consideration of his bail application.

Ratio / Principle

In case the applicant appears/surrenders before the Trial Court concerned within two weeks and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

For a period of two weeks from the date of the order, or till the applicant appears/surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

Allahabad H.C. (Court No. 71) | Neutral Citation 2025:AHC:112109 | APPLICATION U/S 528 BNSS No. 17596 of 2025 | Applicant: Nanhakau Alias Sunil Yadav v. State of U.P. and Another | Hon'ble Raj Beer Singh, J. | Order dated 14.7.2025. Application under Section 528 BNSS preferred against order dated 13.02.2025 of the A.C.J.M., Court No.6, Allahabad, in Criminal Case No. 1699 of 2002 (arising out of Case Crime No. 492 of 1999, Sections 323, 324, 504 IPC, Police Station Sarai Inayat, District Allahabad), whereby non-bailable warrants were issued against the applicant after he, though on bail, failed to appear before the Trial Court on 13.02.2025. Counsel sought a direction, invoking Satender Kumar Antil v. Central Bureau of Investigation and Another, 2022 SCC OnLine SC 825, that the bail application be decided expeditiously with interim protection. Judge directed that if the applicant appears/surrenders before the Trial Court concerned within two weeks and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law; and that for two weeks, or till appearance/surrender, whichever is earlier, no coercive action shall be taken against the applicant. Application disposed of in these terms.

Neutral Citation No. - 2025:AHC:112109

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 17596 of 2025

Applicant :- Nanhakau Alias Sunil Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Shaym Dhar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under Section - 528 B.N.S.S. has been preferred against order dated 13.02.2025, passed by the A.C.J.M., Court No.6, Allahabd in Criminal Case No. 1699 of 2002, arising out of Case Crime No. 492 of 1999, under Section - 323, 324, 504 I.P.C., Police Station - Sarai Inayat, District - Allahabad, whereby non-bailable warrants have been issued against applicant.

It is submitted by learned counsel for applicant that in the aforesaid case applicant was on bail but due to certain unavoidable circumstances he could not appear before the Trial court on 13.02.2025 and thus, non-bailable warrants were issued against him. It was stated that applicant would appear before the Trial Court and that a direction may be made to the Trial court to decide the bail application of applicant expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another , 2022 SCC OnLine SC 825 and protection may be granted to the applicant till then.

In view of the aforesaid, it is directed that in case applicant appears/ surrenders before the Trial court concerned within a

period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicant appears / surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

The application under Section 528 BNSS is disposed of in above terms.

Order Date :- 14.7.2025 S Rawat

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad