Disposed¶16

Lallan Singh and Another v. State of U.P. and Another

Allahabad HC30 Oct 2025NA528/40468/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Sanjay Kumar Pachori J., Application U/s 528 BNSS No. 40468 of 2025 (decided 30.10.2025), Lallan Singh & Anr. v. State of U.P. & Anr. — NBW issued by CJM Ballia (order dt. 29.09.2025, Case No. 6721 of 2016, Ss. 323/325/504/506 IPC); application disposed with direction to appear and seek bail/recall per Satender Kumar Antil (2021) 10 SCC 773, Siddharth (2022 (11) SCC 676), Aman Preet Singh (2021 SCC Online SC 941); NBW execution in abeyance for three weeks.

What did the court decide?

Application disposed of: applicants to appear before the court below within three weeks and apply for bail/recall of NBW, which shall be decided per the cited Supreme Court precedents; execution of the NBW kept in abeyance for three weeks or till appearance, whichever is earlier. ¶16

Lallan Singh and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 40468 of 2025

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Lallan Singh And Another

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Dhirendra Kumar, Sanjay Mishra
Counsel for Opposite Party(s)	: G.A.

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Sanjay Mishra, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

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The present application under Section 528 BNSS has been filed to quash the order dated 29.09.2025 passed by Chief Judicial Magistrate, Ballia in Case no. 6721 of 2016, under Sections 323, 325, 504, 506 of I.P.C. whereby NBW has been issued against the applicant.

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Learned counsel for the applicant submits that the applicant was on bail at the time of issuing non-bailable warrant. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should be issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

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Learned A.G.A. as well as learned counsel for the opposite party no. 2 have opposed the application.

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Considering submissions of learned counsel for the applicants and perusing record, the instant application is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be

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NA528 No. 40468 of 2025

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decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 .

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For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

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October 30, 2025 MAA/-

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Lallan Singh and Another v. State of U.P. and Another

Case brief

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Lallan Singh and Another v. State of U.P. and Another

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