Allahabad High Court
ABHISHEKversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court ordered that no coercive action be taken against the applicant for 15 days and that any surrender and bail application within that period be dealt with expeditiously, effectively refusing to quash the NBW but providing temporary protection.
Summary
The applicant, Abhishek, who had previously been released on bail, failed to appear before the Special Judge (POCSO) and a non‑bailable warrant (NBW) dated 07‑02‑2026 was issued against him in a case involving offences under Sections 147, 148, 149, 504, 506 and 304 IPC. He filed an application under Section 528 of the Criminal Procedure Code seeking quash of the NBW. The court noted that the applicant only sought protection from coercive action and a direction that, if he surrenders within 15 days and applies for bail, the matter be decided expeditiously. The court disposed of the application, directing that no coercive action be taken against the applicant for the next 15 days and that he need not furnish fresh bail bonds. It further ordered that any surrender and bail application within the stipulated period be considered promptly in accordance with law.
Issues considered
- Whether the non‑bailable warrant issued against the applicant can be quashed under Section 528 CrPC.
- Whether the applicant is entitled to protection from coercive action pending surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 148, 149, 304, 504, 506
Subjects
- Section 528 CrPC
- non‑bailable warrant
- bail
- quash
- coercive action
- surrender
- criminal procedure
Judgment
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) : Munna Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. 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.
3. 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.
4. 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.
5. 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
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