Allahabad High Court
YUNUS AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court did not quash the non‑bailable warrant but ordered a 15‑day stay on coercive action and directed that any surrender and bail application within that period be considered expeditiously.
Summary
The applicants, Yunus and two others, filed an application under Section 528 of the Criminal Procedure Code seeking quashment of a non‑bailable warrant dated 21‑04‑2025 issued by the Additional Sessions Judge‑II, Jaunpur, in a case arising from offences under various IPC sections. The applicants argued that they had previously been released on bail but a warrant was issued after their non‑appearance, and they requested that the court direct the trial court to consider any bail application promptly if they surrendered within a stipulated period. The High Court, after hearing counsel, declined to quash the warrant but directed that no coercive action be taken against the applicants for 15 days and that any surrender and bail application within that period be dealt with expeditiously in accordance with law. The order effectively stays enforcement of the warrant temporarily while preserving the trial court’s authority to grant bail. The application was therefore disposed of with specific directions to the trial court.
Issues considered
- Whether the non‑bailable warrant dated 21‑04‑2025 can be quashed under Section 528 CrPC.
- Whether the applicants should be compelled to produce fresh bail bonds or face coercive action pending surrender.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- non‑bailable warrant
- bail application
- stay of execution
- high court order
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18363 of 2026
Yunus And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahesh Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA.
2. The present application has been preferred for seeking
quashing of non-bailable warrant dated 21.04.2025 passed by
learned Additional Sessions Judge-II, Jaunpur in Session Trial
No.550A of 2021 (State Vs. Siddiqui and others), arising out of
Case Crime No.38 of 1997, under Section 147, 148, 452, 308,
506, 323, 325, 504 IPC, P.S. Sikrara, District Jaunpur.
3. At the very outset, learned counsel for applicants submitted
that earlier the applicants were released on bail and due to non
appearance on the date fixed before learned court, non-bailable
warrants have been issued against them. Learned counsel for
applicants 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 applicants surrender before it and
apply for bail in pursuance of NBW order dated 21.04.2025, 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 applicants surrender before the court concerned within a
period of 15 days from today and apply for bail in pursuance of
NBW order dated 21.04.2025, the same shall be considered and
NA528 No. 18363 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 applicants herein in the
present case and also, they will not be compelled to produce fresh
bail bonds and sureties in pursuance of non-bailable warrant.
May 5, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
Checking your session…