Disposed¶22

Rahul Yadav v. State of U.P. and Another

Allahabad HC14 Oct 2025NA528/40123/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing of non-bailable warrant; Gangster Act Sections 2/3; Special Case No.06 of 2013; case crime no. 19 of 2011; Gautam Budh Nagar; NOIDA; surrender within 30 days; bail application; warrant kept in abeyance; coercive steps on default; Allahabad High Court 2025; Nalin Kumar Srivastava, J.

What did the court decide?

Prayer to quash the non-bailable warrant refused; application disposed of with a direction to the applicant to surrender before the court below within 30 days and apply for bail; effect and operation of the non-bailable warrant kept in abeyance for thirty days; liberty to the court concerned to take coercive steps in case of default; no opinion expressed on the merits of the case. ¶22

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the non-bailable warrant dated 7.9.2013 issued by the 3rd Additional District and Sessions Judge / Special Judge (Gangster Act), Gautam Budh Nagar in Special Case No.06 of 2013 ought to be quashed under Section 528 BNSS.

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Court's answer

The Court found no good ground to quash the impugned order and refused the prayer made in the application.

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Ratio / Principle

Without expressing any opinion on the merits, the applicant was directed to surrender before the court below within 30 days and apply for bail, which is to be considered by the court concerned in accordance with law.

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Key takeaways

For a period of thirty days, the effect and operation of the non-bailable warrant issued against the applicant was 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¶21

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 528 BNSS seeking quashing of a non-bailable warrant dated 7.9.2013 issued by the 3rd Additional District and Sessions Judge / Special Judge (Gangster Act), Gautam Budh Nagar in Special Case No.06 of 2013 (arising out of case crime no. 19 of 2011, under Section 2/3 Gangster Act, P.S. Sector 24 NOIDA). Holding that no good ground was made out for quashing, the Court refused the prayer but, without expressing any opinion on the merits, directed the applicant to surrender before the court below within 30 days and apply for bail, kept the non-bailable warrant in abeyance for thirty days, and granted liberty to take coercive steps in case of default.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 40123 of 2025

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Rahul Yadav

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite

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Party(s)

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Counsel for Applicant(s):Kalpana Singh
Counsel for Opposite Party(s):G.A.

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Court No. - 78

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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

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2. This application under Section 528 of BNSS has been
filed for quashing the non-bailable warrant dated
7.9.2013 issued by 3rd Additional District and Sessions
Judge, / Special Judge (Gangster Act), Gautam Budh Nagar
in Special Case No.06 of 2013, arising out of case crime
no. 19 of 2011, under Section 2/3 Gangster Act, P.S.
Sector 24 NOIDA, District Gautam Budh Nagar.

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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.

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

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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.

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6. However, without expressing any opinion on the merits
of the case, the application is disposed of with a

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NA528 No. 40123 of 2025

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direction to the applicant to surrender before the court
below within 30 days from today and apply for bail, which
shall be considered by the Court concerned in accordance
with law. For a period of thirty days days from today,
effect and operation of non-bailable warrant issued
against the applicant shall be kept in abeyance.

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

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

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October 15, 2025
safi

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(Nalin Kumar Srivastava,J.)

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

Rahul Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rahul Yadav v. State of U.P. and Another

Case brief

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