Allahabad High Court
AKASH @ AKASH KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court did not quash the non‑bailable warrant but kept it in abeyance pending a bail application within three weeks.
Summary
The applicants, Akash and two others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 16‑06‑2024 issued by the Judicial Magistrate, Mainpuri, in a complaint case involving offences under Sections 498‑A, 323, 354, 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The counsel for the applicants suggested that the matter could be resolved by filing a bail application, relying on the Supreme Court decision in Satender Kumar Antil v. CBI. The High Court directed that the applicants must appear before the trial court within three weeks and file a bail application, which will be decided expeditiously in line with the Supreme Court precedent. The non‑bailable warrant was ordered to remain in abeyance for three weeks or until the applicants surrender, whichever is earlier. The petition was subsequently disposed without quashing the warrant.
Issues considered
- Whether the non‑bailable warrant issued in the pending criminal case should be quashed.
- Whether the applicants should be directed to seek bail under the principles laid down in Satender Kumar Antil v. CBI.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 498-A, 504
Subjects
- bail
- non‑bailable warrant
- Section 528 CrPC
- IPC offences
- Dowry Prohibition Act
- Supreme Court precedent
- quash warrant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15690 of 2026
Akash @ Akash Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard Sri Rajesh Kumar, learned counsel for applicants; learned
A.G.A. for State and perused the record.
2. The instant 528 BNSS Application has been filed with a prayer to
quash the impugned Non bailalble warrant 16-06-2024 passed by the
Judicial Magistrate (Ist), Mainpuri, in complaint case no. 401 of 2022 and
new case no. 952 of 2025 (Arun alias Aruna, Versus Akash and others)
under sections 498-A, 323, 354, 504 I.P.C. and 3/4 D.P. Act, Police
Station- Karhal District-Mainpuri, pending in the Court of Additional
Civil Jude Court No. 1, Mainpuri.
3. After arguing the matter at some extent, learned counsel for applicants
submits that present application may be dismissed as not pressed with
liberty to file a bail application which may be decided in view of law laid
down by Supreme Court in "Satender Kumar Antil Vs. Central
Bureau of Investigation and another, reported in 2021 SCC OnLine
SC 922" to which learned A.G.A. has no objection.
4. In view of the above, it is provided that in case the applicants appear
before the trial court within three weeks from today and apply for bail, the
same shall be decided expeditiously, in view of the law laid down by the
Apex Court in Satender Kumar Antil (supra).
5. For the period of three weeks from today or till the time of surrender of
the applicants before the Court below, whichever is earlier, non-bailable
NA528 No. 15690 of 2026
2
warrant issued against the applicants shall be kept in abeyance.
6. The petition is disposed off accordingly.
(Deepak Verma,J.)
April 20, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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