Nadeem Alias Saleem Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Nadeem Alias Saleem Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional interim relief only: the applicant is given twenty days from the date of the order to appear before the Court concerned and apply for bail; the bail application shall be considered and decided by that Court in accordance with law; for twenty days no coercive action shall be taken against the applicant; and no further time beyond the twenty-day period will be allowed. The warrant was disposed of by way of these directions rather than being quashed, and the Court expressly refrained from expressing any opinion on the merits.

Issue for consideration

Whether the non-bailable warrant dated 22.01.2024 issued by the Special Judge, Gangster Act, Prayagraj against applicant Nadeem alias Saleem in Special Sessions Trial No. 1909 of 2021 (Case Crime No. 136 of 2020) should be quashed, and whether its effect and operation should be stayed so as to enable the applicant to appear and seek bail.

Court's answer

The Court expressed no opinion on the merits of the case and disposed of the application with the direction that the applicant shall appear before the Court concerned and apply for bail within twenty days from the date of the order.

Ratio / Principle

Once the applicant applies for bail, the same shall be considered and decided by the Court concerned in accordance with law.

Key takeaways

For a period of twenty days from the date of the order, no coercive action shall be taken against the applicant.ratio¶14
It is expressly made clear that no further time beyond the twenty-day period shall be allowed to the applicant to surrender and apply for bail before the Court concerned.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Application U/S 528 BNSS No. 39385 of 2025; Nalin Kumar Srivastava, J.; decided October 10, 2025). Applicant Nadeem alias Saleem sought quashing of the NBW dated 22.01.2024 issued by the Special Judge, Gangster Act, Prayagraj in Special Sessions Trial No. 1909 of 2021 (Case Crime No. 136 of 2020, Section 2/3, U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986), claiming he had earlier been granted bail but missed court dates owing to employment in another State. Learned AGA opposed. Without expressing any opinion on merits, the Court disposed of the application: applicant to appear and apply for bail within twenty days; bail application to be considered and decided in accordance with law; no coercive action for twenty days; no further time to be allowed for surrender.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39385 of 2025

Nadeem Alias Saleem

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Satish Sharma, Shashank Pathak : 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 22.01.2024 passed by the learned Special Judge, Gangster Act, Prayagraj in Special Sessions Trial No. 1909 of 2021 arising out of Case Crime No. 136 of 2020 under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 pending in the Court of Special Judge, Gangster Act, Prayagraj. 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 had gone to other State for employment and he did not know the date fixed by the learned trial Court 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 application is disposed of with the direction that the applicant shall appear before the Court concerned and apply for bail within twenty days from today,

NA528 No. 39385 of 2025

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the same shall be considered and decided by the Court concerned in accordance with law. For a period of twenty 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