Arjun Kumar @ Neeru Kharwar vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Arjun Kumar @ Neeru Kharwar vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to apply for bail within 15 days (to be decided expeditiously); non-bailable warrant stayed for fifteen days subject to revocation if the applicant fails to appear or cooperate; no fresh bond or sureties required.

Issue for consideration

Whether the entire criminal proceeding and the impugned order dated 29.01.2026 (including the non-bailable warrant) in Case Crime No. 0540 of 2022, P.S. Gurbuxganj, District Raebareli, should be quashed.

Court's answer

The applicant is at liberty to apply for bail within 15 days, and if such application is filed, it shall be decided expeditiously.

Ratio / Principle

For a period of fifteen days, only the non-bailable warrant issued against the applicant shall remain stayed.

Key takeaways

If the applicant does not appear before the trial court within the aforesaid period and does not cooperate with the trial proceedings, the order shall stand revoked and no benefit of it shall accrue to him.ratio¶22
Since the applicant has already been enlarged on bail and the bail bond and sureties have been furnished, no fresh bond and sureties would be required.ratio¶23

Detailed headnote1 paragraphs

Application under S. 482 Cr.P.C./S. 528 B.N.S.S. by Arjun Kumar @ Neeru Kharwar seeking quashing of the entire proceeding and the order dated 29.01.2026 (including the non-bailable warrant issued that day) in Case Crime No. 0540 of 2022, P.S. Gurbuxganj, District Raebareli. The High Court did not quash the proceeding on merits; noting the applicant's undertaking to appear and apply for bail, and the State's no-objection, the Court disposed of the application permitting the applicant to apply for bail within 15 days (to be decided expeditiously), stayed the non-bailable warrant for fifteen days only, directed that the stay/order would stand revoked if the applicant failed to appear or cooperate with the trial, and held that no fresh bond or sureties were required since the applicant was already enlarged on bail with bonds and sureties furnished.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3435 of 2026

Arjun Kumar @ Neeru Kharwar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Rita Yadav Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey,learned A.G.A. for the State-opposite parties and perused the record.

The instant application under section 482 Cr.P.C./528 of the B.N.S.S.. has been filed by the applicant with the prayer to quash the entire proceeding as well as impugned order dated 29.01.2026 passed by the learned Trial Court in Case Crime No. 0540 of 2022, P.S. Gurbuxganj, DistrictRaebareli.

Learned counsel for the applicant submits that the present applicant due to unavoidable circumstances could not appear before the court and thereafter, Non Bailable Warrant was issued against the applicant on 29.01.2026, which is also under challenge in this application.

On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicant is using the delay-dallying tactics in the matter and as such, the applicant is not entitled for any relief.

In rejoinder, learned counsel for the applicant submits that the interest of justice would be sub-served if the present applicant is permitted to surrender before the court concerned and may file bail application and the

A482 No. 3435 of 2026

2

same may be directed to be considered within the stipulated period of time as may be fixed by this court.

Learned counsel further undertakes that the applicant will appear before the trial court within a period of two weeks and will apply for bail.

The counsel appearing for the State has no objection to the contentions abovesaid.

In view of the aforesaid submissions, the applicant is at liberty to apply bail application within 15 days from today and if such application is filed, the same shall be decided expeditiously.

For the period of fifteen days, only the non-bailable warrant issued against the applicant shall remain stayed.

However, if the applicant does not appear before the trial court within the aforesaid period and does not cooperate with the trial proceedings, this order shall stand revoked and no benefit of this order shall accrue to him.

It is also directed that since the applicant has already been enlarged on bail and the bail bond and sureties have been furnished, therefore, no bond and sureties would be required.

The application is disposed of.

(Shree Prakash Singh,J.)

April 24, 2026

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench