Abhishek Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Abhishek Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with direction that if the applicant surrenders within 15 days and applies for bail in pursuance of the NBW order dated 07.02.2026, the bail application shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for 15 days and no compulsion to furnish fresh bail bonds and sureties pursuant to the NBW.

Issue for consideration

Whether the non-bailable warrant dated 07.02.2026 issued against the applicant in S.T. No.497 of 2019 should be quashed. +1 more

Court's answer

The application is finally disposed of with a direction to the court concerned that if the applicant surrenders before it within 15 days and applies for bail in pursuance of the NBW order dated 07.02.2026, the bail application shall be considered and decided expeditiously in accordance with settled law.

Ratio / Principle

Till 15 days from the date of the order, no coercive action shall be taken against the applicant in the present case, and he shall not be compelled to produce fresh bail bonds and sureties in pursuance of the non-bailable warrant.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) disposed of an application under Section 528 BNSS seeking quashing of a non-bailable warrant dated 07.02.2026 issued by the Special Judge (POCSO), Kushinagar at Padrauna in S.T. No.497 of 2019 (State Vs. Abhishek), arising out of Case Crime No.370 of 2018 under Sections 147, 148, 149, 504, 506, 304 IPC, P.S. Patherwa, District Kushinagar. The applicant, earlier released on bail, had incurred the NBW due to non-appearance on the date fixed. Counsel confined the prayer to a direction for expeditious consideration of bail upon surrender, to which the learned AGA had no objection. The Court directed that if the applicant surrendered within 15 days and applied for bail in pursuance of the NBW order dated 07.02.2026, the same be considered and decided expeditiously in accordance with settled law, and further directed that till 15 days no coercive action be taken against the applicant and that he not be compelled to produce fresh bail bonds and sureties pursuant to the non-bailable warrant.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16025 of 2026

Abhishek

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Munna Tiwari : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicant and learned AGA.

The present application has been preferred for seeking quashing of non-bailable warrant dated 07.02.2026 passed by learned Special Judge (POCSO), Kushinagar at Padrauna in S.T. No.497 of 2019 (State Vs. Abhishek), arising out of Case Crime No.370 of 2018, under Section 147, 148, 149, 504, 506, 304 IPC, P.S. Patherwa, District Kushinagar.

At the very outset, learned counsel for applicant submitted that earlier the applicant was released on bail and due to non appearance on the date fixed before learned court, non-bailable warrant has been issued against him. Learned counsel for applicant confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and applies for bail in pursuance of NBW order dated 07.02.2026, the same may be considered and decided expeditiously in accordance with law to which learned AGA has no objection.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of 15 days from today and applies for bail in pursuance of NBW order dated 07.02.2026, the same shall be considered and

NA528 No. 16025 of 2026

2

decided expeditiously in accordance with settled law.

However, it is made clear that till 15 days from today, no coercive action shall be taken against the applicant herein in the present case and also, he will not be compelled to produce fresh bail bonds and sureties in pursuance of non-bailable warrant.

May 6, 2026 Vivek Kr.

(Saurabh Srivastava,J.)

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad