Sanju Verma Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sanju Verma Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection for thirty days only: no coercive action against the applicant during that period; the applicant is to appear before the Special Judge, Gangster Act, Kanpur Nagar and apply for bail within thirty days, and the bail application is to be considered and decided in accordance with law; no further time beyond the thirty days will be allowed. The NBW itself was not quashed and no opinion was expressed on the merits.

Issue for consideration

Whether the non-bailable warrant dated 30.05.2024 issued by the Special Judge, Gangster Act, Kanpur Nagar in Special Criminal Case No. 265 of 2018 (Case Crime No. 86 of 2018, Section 3(1) UP Gangsters Act) should be quashed. +2 more

Court's answer

The Court disposed of the application (rather than quashing the NBW) with the direction that the applicant shall appear before the Court concerned and apply for bail within thirty days.

Ratio / Principle

The bail application so to be filed shall be considered and decided by the Court concerned in accordance with law.

Key takeaways

For a period of thirty days from the date of the order, no coercive action shall be taken against the applicant.ratio¶15
No further time beyond the stated thirty days shall be allowed to the applicant to surrender and apply for bail before the Court concerned.ratio¶16
In disposing of the application the Court expressly refrained from expressing any opinion on the merits of the case.obiter

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) — Application u/s 528 BNSS No. 39353 of 2025, decided October 10, 2025 (Sanju Verma v. State of U.P.). The applicant sought quashing of a non-bailable warrant dated 30.05.2024 passed by the Special Judge, Gangster Act, Kanpur Nagar in Special Criminal Case No. 265 of 2018 (arising out of Case Crime No. 86 of 2018, Section 3(1), UP Gangsters and Anti-Social Activities (Prevention) Act, 1986) and a stay of its operation. He had earlier been granted bail but failed to appear before the trial court, attributing the default to paralysis, with medical papers appended to the affidavit, and undertook to participate in the trial; he also sought a direction for expeditious disposal of his bail application. The State (through G.A./AGA) opposed the prayer. Without expressing any opinion on the merits, the Court disposed of the application, directing the applicant to appear before the trial court and apply for bail within thirty days, with the bail application to be considered and decided in accordance with law; no coercive action was to be taken against him for thirty days, and it was made clear that no further time would be allowed to surrender and apply for bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39353 of 2025

Sanju Verma

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Pradip Kumar Shukla : G.A.

Court No. - 78

HON'BLE NALIN KUMAR SRIVASTAVA, J.

Heard learned counsel for the applicants and the learned AGA for the State and perused the record.

This application under Section 528 BNSS has been filed with the prayer to quash to quash the NBW dated 30.05.2024 passed by the learned Special Judge, Gangster Act, Kanpur Nagar in Special Criminal Case No. 265 of 2018 arising out of Case Crime No. 86 of 2018 under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 pending in the Court of Special Judge, Gangster Act, Kanpur Nagar, P.S.- Naubasta, DistrictKanpur Nagar. Further prayer has been made to stay the effect and operation of the aforesaid order.

Learned counsel for the applicant submits that earlier the applicant had been granted bail by the competent court but subsequently for some unavoidable reasons he could not appear before the trial court. Hence nonbailable warrants have been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court is that he has been a victim of paralysis and the relevant medical papers have been appended with the affidavit along with this application and that the applicant has every intention to appear before the court concerned and participate in the trial.

Learned AGA has opposed the prayer.

In the last, learned counsel for the applicant has urged that direction for expeditious disposal of the bail application of the applicant be given.

Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this

NA528 No. 39353 of 2025

2

application is disposed of with the direction that the applicant shall appear before the Court concerned and apply for bail within thirty days from today, the same shall be considered and decided by the Court concerned in accordance with law. For a period of thirty days from today, no coercive action shall be taken against the applicant.

It is made clear that no further time shall be allowed to the applicant to surrender and apply for bail before the Court concerned.

With the above observations, the application stands disposed of .

October 10, 2025 Fhd

(Nalin Kumar Srivastava,J.)

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad