Allahabad High Court

BAHADUR @ KESHAV PRASAD LAWANIYA @ KESHAV DEV LAWANIYAversusSTATE OF U.P. AND ANOTHER

Decided: 22 April 2026
Bench: DEEPAK VERMA

Holding

The court refused to quash the non‑bailable warrant but ordered its abeyance, directed the applicant to surrender within three weeks, and mandated an expeditious disposal of the bail application.

Summary

The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash a non‑bailable warrant dated 01‑08‑2025 and the related criminal proceedings under Section 138 of the Negotiable Instruments Act. During the hearing, the applicant withdrew his challenge to the warrant and instead requested protection to surrender before the trial court and for an expeditious disposal of his bail application. The State opposed the quash but had no objection to a short‑term protection for surrender. The High Court refused to quash the warrant, ordered the applicant to surrender within three weeks, directed that the warrant be kept in abeyance pending surrender, and instructed the lower court to dispose of the bail application promptly in line with the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The application under Section 528 was consequently disposed.

Issues considered

Whether the High Court can quash a non‑bailable warrant issued under Section 528 of the B.N.S.S.
Whether the applicant is entitled to protection to surrender before the trial court while the warrant remains in force
Whether the bail application must be disposed of expeditiously as per Supreme Court guidelines

Legislation cited

B.N.S.S. — s. 528
Negotiable Instruments Act — s. 138

Subjects

non‑bailable warrant
bail
Section 528
quash
surrender
expeditious disposal
Supreme Court guidelines

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16516 of 2026

Bahadur @ Keshav Prasad Lawaniya @ Keshav
Dev Lawaniya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Devendra Kumar Patel
Counsel for Opposite Party(s) : G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel appearing for the applicant, learned Additional
Government Advocate for the State of U.P./opposite party no.1 and
perused the record.

2. This application under Section 528 B.N.S.S. has been filed by the
applicant to quash the N.B.W. order dated 01.08.2025 passed by
Additional Chief Judicial Magistrate (Court No.2), Agra as well as entire
proceedings of Complaint Case No.310 of 2022 (Rakesh Kumar vs.
Bahadur @ Keshav Prasad Lawaniya), under Section 138 N.I.Act, P.S.
Chhatta, District Agra, pending in the court of Additional Chief Judicial
Magistrate (Court No.2), Agra.

3. At the outset learned counsel for the applicant gave up his challenge to
the non-bailable warrant and criminal proceedings against the applicant
and confined his submission requesting to grant some protection to the
applicant to surrender before the concerned court below. The learned
counsel for the applicant further stated at the Bar that he is not pressing
any other prayer made in this application on merits and prayed that a
direction may be issued to the concerned courts below to consider and
decide the bail application of the applicant expeditiously.

4. Learned A.G.A. for the State of U.P. submits that in case the applicant
is not pressing the relief as sought for by him on merits and wants to
surrender before the concerned court below, he has no objection if the
Court grants protection to him for a short period.
NA528 No. 16516 of 2026
2

5. In view of the above, the relief as sought by the applicant in the instant
application is refused.

6. However considering the aforesaid alternative prayer made by learned
counsel for the applicant, it is directed that the applicant shall surrender
before the concerned court below within three weeks from today and in
case he applies for bail, the bail application of the applicant shall be
disposed of expeditiously by the courts below in accordance with law and
keeping in view the guidelines as laid down by the Apex Court in the case
of Satender Kumar Antil vs. Central Bureau of Investigation and
another, reported in 2021 SCC Online SC 922.

7. For the period of three weeks from today or till the time of surrender of
the applicant before the concerned Court below, whichever is earlier, non-
bailable warrant dated 01.08.2025 shall be kept in abeyance.

8. With the above observations and directions, this application under
Section 528 B.N.S.S. is disposed of.

April 23, 2026
SKD
(Deepak Verma,J.)

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

Continue reading with your account

Checking your session…