Allahabad High Court
YOGESHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court ordered the non‑bailable warrant to be kept in abeyance pending a bail application, rather than quashing it outright.
Summary
The applicant Yogesh filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a non‑bailable warrant issued by the Chief Judicial Magistrate, Kasganj, in a complaint under Section 138 of the Negotiable Instruments Act. The High Court noted that the applicant could instead file a bail application, as guided by the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922). The court held that the non‑bailable warrant should be kept in abeyance for a period of three weeks, during which the applicant must appear before the trial court and apply for bail. The court directed that any bail application filed within this period be decided expeditiously in accordance with the Supreme Court precedent. Consequently, the application to quash the warrant was not entertained, and the petition was disposed.
Issues considered
- Whether the non‑bailable warrant issued in the Section 138 NI Act case can be quashed under Section 528 CrPC.
- Whether the applicant should be directed to file a bail application instead of seeking quash of the warrant.
- Applicability of the Supreme Court’s ruling in Satender Kumar Antil v. CBI to the present bail application.
Legislation cited
- Code of Criminal Procedure — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- bail
- non‑bailable warrant
- Section 528 CrPC
- Section 138 NI Act
- Supreme Court precedent
- application under 528
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT
ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15714 of 2026
Yogesh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Geetam Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and
learned A.G.A. for the State.
2. This application under Section 528 BNSS has
been filed by the applicant to quash N.B.W. order
dated 05.07.2024 passed by learned Chief Judicial
Magistrate, Kasganj in Complaint Case No. 8747 of
2021 (Naveen Kumar Vs. Yogesh) under Section
138 N.I. Act, Police Station-Kasganj, District-
Kasganj.
3. After arguing the matter at some extent, learned
counsel for applicant 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 applicant appears before the trial court within
three weeks from today and applies for bail, the
NA528 No. 15714 of 2026
2
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 applicant before the
Court below, whichever is earlier, non-bailable
warrant issued against the applicant shall be kept in
abeyance.
6. The petition is disposed off accordingly.
April 20, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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