Bilal vs State Of U.P. And Another
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Allahabad High Court

Bilal vs State Of U.P. And Another on 9 October, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:180137
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 35919 of 2025   
 
   Bilal    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Syed Shahnawaz Shah   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 75
 
   
 
 HON'BLE SANJAY KUMAR PACHORI, J.       

Sri S.S.Shah, learned counsel for the applicant and learned A.G.A. for the State are present.

The present application under Section 528 BNSS has been filed to quash the order dated 21.06.2022 passed by Additional District Judge/ Special Judge SC/ST Act, Hapur, in S.T. No. 179 of 2021,arising out of Case Crime No. 368 of 2020, under Section 307, 427,333, 353 of I.P.C., police station Hapur Dehat, District Hapur, whereby NBW has been issued against the applicant.

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.

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

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 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.

(Sanjay Kumar Pachori,J.)

October 9, 2025

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