Allahabad High Court
RADHEY SHYAM YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that the non‑bailable warrant was improperly issued without prior summons or bailable warrant and ordered a stay of its execution pending the applicant's appearance.
Summary
The applicant, Radhey Shyam Yadav, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a non‑bailable warrant (NBW) issued in a narcotics case (NDPS Act, §§8,21) where he was already on bail. He contended that the NBW was issued without first serving a summons or a bailable warrant, contrary to established law that NBWs are a last resort. The State opposed the application. The High Court examined the submissions and the record, and held that the NBW was improperly issued. It ordered that execution of the NBW be stayed for three weeks, or until the applicant appears before the lower court and applies for bail or recall of the warrant, and directed the matter be decided in light of relevant Supreme Court judgments. The application was disposed with the conditional stay.
Issues considered
- Whether a non‑bailable warrant can be issued against an accused who is already on bail without prior issuance of a summons or a bailable warrant.
- Whether the provisions of Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 permit quashing or staying the execution of such a non‑bailable warrant.
- Whether the execution of the non‑bailable warrant should be stayed pending the applicant's appearance before the lower court.
Legislation cited
Subjects
- non‑bailable warrant
- bail
- Section 528
- stay of execution
- Narcotic Drugs and Psychotropic Substances Act
- procedural law
- summons
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18514 of 2026
Radhey Shyam Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Kumar Chaudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Anuj Kumar Chaudhary, learned counsel for the applicant and Sri Alok
Mishra, learned A.G.A. for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 9.12.2025 passed in
Special Case No. 155 of 2007, arising out of case crime No. 859 of 2007,
under Section 8/21 of The Narcotic Drugs and Psychotropic Substances Act,
1985, Police Station Jahanaganj, District Azamgarh, whereby Non Bailable
Warrant as well as proceeding under Section 82, Cr.P.C. have been issued
and initiated against the applicant, pending in the court of Additional
Sessions Judge, Court No. 1, Azamgarh.
Learned counsel for the applicant submits that the applicant was on bail at
the time of issuing of Non-Bailable Warrant. It is further submitted that the
impugned order has been passed without satisfying itself that the summon
and other process for attendance has been served. It is further submitted that
the impugned order has been passed without considering the position of law.
It is settled position of law that N.B.W. should be issued as a last resort after
the litigant fails to respond the notices/summons and bailable warrant. It is
further submitted that non-bailable warrant has been issued without issuing
any summon and bailable warrant.
Learned A.G.A. has opposed the application.
Considering submissions of learned counsel and perusing record, the instant
application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is
finally disposed of with a direction that in case applicant appears before the
court below within three weeks from today and applies for bail/recall of non
NA528 No. 18514 of 2026
2
bailable warrant, his application shall be decided in the light of the
observations made in the judgments rendered by the Supreme Court in
Satender Kumar Antil Vs. Central Bureau of Investigation & Another,
(2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh &
Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through
Director 2021 SCC Online SC 941.
For a period of three weeks from today or till applicant appears before the
court below, whichever is earlier, execution of non bailable warrant against
applicant shall be kept in abeyance.
May 5, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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