DEEPUversusSTATE OF U.P. AND ANOTHER

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                 APPLICATION U/S 528 BNSS No. - 18418 of 2026

Deepu
                                                                        .....Applicant(s)
                                        Versus
State of U.P. and Another
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)                                :     Akhilesh Pandey
Counsel for Opposite Party(s)                           :     G.A.

Court No. - 74
                          HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel 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 summoning order dated 24.10.2017 passed by Additional Chief Judicial
Magistrate, Court No.3, Kanpur Dehat, non-bailable warrant and proceeding under
section 82 Cr.P.C. dated 20.01.2026 passed by Additional Civil Judge (Junior
Division)-II, Kanpur Dehat and proceedings of Complaint Case No.438 of 2017
(Pradeep Kumar vs. Deepu), under Section 138 N.I.Act, P.S. Derapur, District
Kanpur Dehat, pending in the court of Additional Civil Judge (Junior Division)-II,
Kanpur Dehat.

3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid
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.

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
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                                                                       2

                                    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 20.01.2026 shall be kept in abeyance.

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

                                    May 5, 2026
                                    SKD
                                                                                                     (Deepak Verma,J.)




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