Disposed¶22

Gopal Hela v. State of U.P. and Another

Allahabad HC13 Oct 2025NA528/38640/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Application u/s 528 BNSS 38640 of 2025; Gopal Hela v. State of U.P.; quashing of non-bailable warrant 7.2.2024 refused; S.T. No.370 of 2020; case crime no. 730 of 2019; Section 3(1) Gangster Act; P.S. Lanka, Varanasi; Additional District and Sessions Judge - XIII, Varanasi; NBW kept in abeyance one month; surrender within one month and apply for bail; coercive steps on default; Nalin Kumar Srivastava, J.; decided 14-10-2025.

What did the court decide?

Prayer to quash the non-bailable warrant refused; however, its effect and operation kept in abeyance for one month, with direction to the applicant to surrender before the court below within one month and apply for bail; on default, coercive steps permissible. ¶22

Gopal Hela Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the non-bailable warrant dated 7.2.2024 issued by the Additional District and Sessions Judge - XIII, Varanasi in S.T. No.370 of 2020 (case crime no. 730 of 2019, Section 3(1) Gangster Act, P.S. Lanka, District Varanasi) should be quashed. +1 more

¶13

Court's answer

The court found no good ground to quash the impugned order.

¶16

Ratio / Principle

The prayer made in the application (quashing of, and stay on, the non-bailable warrant) is refused.

¶16

Key takeaways

Without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within one month and apply for bail, to be considered by the Court concerned in accordance with law.ratio¶20
For a period of one month, the effect and operation of the non-bailable warrant issued against the applicant is kept in abeyance.ratio¶20
In case of default in surrendering, the Court concerned is at liberty to take all coercive steps against the applicant for ensuring his appearance.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad — APPLICATION U/S 528 BNSS No. 38640 of 2025 (decided October 14, 2025; Hon'ble Nalin Kumar Srivastava, J.). Applicant Gopal Hela sought quashing of the non-bailable warrant dated 7.2.2024 issued by Additional District and Sessions Judge - XIII, Varanasi in S.T. No.370 of 2020 (case crime no. 730 of 2019, Section 3(1) Gangster Act, P.S. Lanka, District Varanasi) and a stay of its effect and operation. Counsel contended the applicant's failure to appear was beyond his control and that he intended to participate in the trial; the learned AGA opposed. The court found no good ground to quash the impugned order and refused the prayer; without expressing any opinion on the merits of the case, it disposed of the application with a direction to the applicant to surrender before the court below within one month and apply for bail (bail to be considered in accordance with law), kept the effect and operation of the non-bailable warrant in abeyance for one month, and permitted the Court concerned to take all coercive steps in case of default.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 38640 of 2025

¶3

Gopal Hela

¶4

.....Applicant(s)

¶5

Versus

¶6

State of U.P. and Another

¶7

.....Opposite

¶8

Party(s)

¶9

Counsel for Applicant(s):Amarnath Tripathi
Counsel for Opposite Party(s):G.A.

¶10

Court No. - 78

¶11

HON'BLE NALIN KUMAR SRIVASTAVA, J.

¶12

1. Heard learned counsel for the applicant as well as
learned A.G.A for the State and perused the record.

¶13

2. This application under Section 528 of BNSS has been
filed by the applicant - Gopal Hela for quashing the non-
bailable warrant dated 7.2.2024 issued by Additional
District and Sessions Judge - XIII, Varanasi in S.T.
No.370 of 2020, arising out of case crime no. 730 of
2019, under Section 3(1) Gangster Act, P.S. Lanka,
District Varanasi and further to stay the effect and
operation of the said order.

¶14

3. Learned counsel for the applicant contended that the
reasons on account of which the applicant failed to
appear before the trial court were beyond his control and
the applicant has every intention to appear before the
court concerned and participate in the proceedings of the
trial.

¶15

4. Learned AGA appearing for the State opposed the
prayer.

¶16

5. Having regard to the facts and circumstances of the
case, after perusing the impugned order as well as the
materials brought on record and having considered the
submissions made by the learned counsel for the parties,
I do not find any good ground to quash the impugned
order. The prayer made in the application is refused.

¶17

6. However, without expressing any opinion on the merits

¶18

¶19

NA528 No. 38640 of 2025

¶20

of the case, the application is disposed of with a
direction to the applicant to surrender before the court
below within one month from today and apply for bail,
which shall be considered by the Court concerned in
accordance with law. For a period of one month from
today, effect and operation of non-bailable warrant
issued against the applicant shall be kept in abeyance.

¶21

7. In case of default, the Court concerned shall be at
liberty to take all coercive steps against the applicant
for ensuring his appearance.

¶22

8. With the aforesaid observations, the application is
disposed of.

¶23

October 14, 2025
safi

¶24

(Nalin Kumar Srivastava,J.)

¶25

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Gopal Hela v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gopal Hela v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases