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Allahabad High Court

RAM CHANDAR MAURYAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed that any bail application filed by the applicant within 15 days of the order be considered expeditiously and that no coercive action be taken against him during that period.

Summary

The applicant, Ram Chandar Maurya, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 18‑03‑2026 issued in Criminal Case No.6568 of 2007 (State vs. Radhey Shyam) involving offences under Sections 419, 420, 467, 468 and 471 IPC. The applicant limited his prayer to a direction that, if he surrenders within 15 days and applies for bail, the bail application should be decided expeditiously, without any objection from the opposing counsel. The Court, after hearing both sides, disposed of the application by directing the concerned court to consider any bail application filed within the 15‑day window promptly and to refrain from any coercive action against the applicant during that period. No order was made to quash the warrant itself; instead, the focus was on ensuring speedy bail consideration. The order was pronounced on 5 May 2026 by Justice Saurabh Srivastava.

Issues considered

  • Whether the non‑bailable warrant dated 18‑03‑2026 can be quashed under Section 528 CrPC.
  • Whether the applicant is entitled to a direction for expeditious consideration of bail if he surrenders within a stipulated period.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 528 CrPC
  • Non‑bailable warrant
  • Bail
  • Expeditious bail consideration
  • IPC offences

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 18430 of 2026

                                    Ram Chandar Maurya
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                  :   Kamlesh Kumar Rajbhar
                                    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 18.03.2026 issued in Criminal Case No.6568 of 2007
                                    (State Vs. Radhey Shyam), arising out of Case Crime No.168 of 2007, under
                                    Section 419, 420, 467, 468, 471 IPC, P.S. Line Bazar, District Jaunpur,
                                    pending in the court of learned Chief Judicial Magistrate, Jaunpur.

                                    3. 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 18.03.2026, 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 18.03.2026, the same shall be
                                    considered and 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.

                                    May 5, 2026
                                    Vivek Kr.
                                                                                         (Saurabh Srivastava,J.)




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

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