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

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

What the court decided

AI extract

Outcome

Application finally disposed of with a direction that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the observations in Satender Kumar Antil, Siddharth and Aman Preet Singh; execution of the non-bailable warrant kept in abeyance for three weeks or till the applicant appears, whichever is earlier.

Issue for consideration

Whether the non-bailable warrant issued against the applicant ought to be quashed on the ground that it was issued without service of summons or bailable warrant while the applicant was on bail.

Court's answer

The application under Section 528 BNSS is finally disposed of with a direction that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the observations in Satender Kumar Antil, Siddharth and Aman Preet Singh.

Ratio / Principle

Execution of the non-bailable warrant against the applicant is kept in abeyance for three weeks or until the applicant appears before the court below, whichever is earlier.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) finally disposed of an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of the order dated 30.1.2018 passed in Criminal Case No. 440 of 2010 (arising out of Case Crime No. 527-A of 2009, Sections 147, 323, 435, 427 IPC, Police Station Shahganj, District Agra), whereby a Non-Bailable Warrant was issued against the applicant. The Court directed that if the applicant appears before the trial court within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the observations in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676, and Aman Preet Singh v. CBI, 2021 SCC Online SC 941. Execution of the non-bailable warrant was kept in abeyance for three weeks or until the applicant appears, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40957 of 2025

Deepak

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Devi Dayal
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Sri D.D. Kushwaha, learned counsel for the applicant and Ms. Saumya Madhyan, learned brief holder for the State are present.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 30.1.2018 in criminal case No. 440 of 2010, arising out of case crime No. 527-A of 2009, under Sections 147, 323, 435, 427, I.P.C., Police Station Shahganj, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Agra, whereby Non Bailable Warrant has been issued against the applicant.

Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of 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.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 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

NA528 No. 40957 of 2025

2

bailable warrant, his application shall be 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.

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.

November 3, 2025 T. Sinha

(Sanjay Kumar Pachori,J.)

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad