Allahabad High Court

MOHAMMAD SADDAMversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: SAMIT GOPAL

Holding

The court dismissed the prayer to quash the NBW as not pressed, but permitted the applicant to seek bail before the trial court by 20 May 2026, after which the trial court may proceed with the case.

Summary

Mohammad Saddam filed an application under Section 528 of the BNSS and Section 482 of the Cr.P.C. seeking to quash a non‑bailable warrant (NBW) dated 07‑04‑2026, a subsequent order dismissing his recall application, and the entire criminal proceeding arising from a 2019 case under IPC sections 363, 366, 109 and the SC/ST Act. He later limited his prayer to only the quash of the NBW, wishing to appear before the trial court to file a regular bail application. The State had no objection to his limited request. The High Court held that the prayer to quash the NBW was not pressed and dismissed it, but conditionally allowed the applicant to approach the trial court for bail by 20 May 2026, after which the trial court may proceed as per law. The application was consequently disposed.

Issues considered

Whether the non‑bailable warrant dated 07‑04‑2026 can be quashed under Section 528 BNSS and Section 482 Cr.P.C.
Whether the applicant’s limited prayer to quash only the NBW, and not the entire proceeding, is maintainable.
Whether the court can conditionally direct the applicant to file a bail application by a specified date.

Legislation cited

B.N.S.S. — s. 528
Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 109, 363, 366
SC/ST (Prevention of Atrocities) Act — s. 3(2)(V)

Subjects

bail
non‑bailable warrant
quash
criminal procedure
Section 482 Cr.P.C.
Section 528 BNSS
IPC
SC/ST Act

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18798 of 2026

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

Counsel for Applicant(s) : Ramesh Chandra Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 75
HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Ramesh Chandra Tiwari, learned counsel for the applicant and
Sri Ram Prakash Shukla, learned counsel for the State and perused the
records.

3. The present application under Section 482 Cr.P.C. / under Section 528
B.N.S.S. has been filed by the applicant-Mohammad Saddam, with the prayer
to allow the present application and quash the entire proceeding as well as
charge-sheet dated 31.08.2019 & N.B.W. order dated 07.04.2026 and order
dated 21.04.2026 in S.S.T. No. 383 of 2019 (State of U.P. Vs. Veerchandra
Yadav and others) arising out of Case Crime No. 214 of 2019, under Sections
363, 366, 109 I.P.C. and 3(2)(V) SC/ST Act, Police Station Sarai Mamrej,
District Prayagraj, pending in the Court of Additional Sessions Judge, Court
No.15, Prayagraj, with a further prayer that proceedings of the aforesaid case
be stayed against the applicants during the pendency of the present
application.

4. Learned counsel for the applicant submits that although the prayer in the
present application is of a challenge to the order dated 07.04.2026 issuing
N.B.W. against the applicant, order dated 21.04.2026 by which an application
for recall of the N.B.W. has been dismissed and further to quash the entire
proceedings initiated against the applicant including charge-sheet in the
matter but he does not want to press the prayer for quashing of the entire
criminal proceedings including charge-sheet and only presses the prayer with
regard to quashing of the N.B.W. issued vide order dated 07.04.2026. He
states that the purpose of the applicant would be served if he is permitted to
appear before the trial court within a period of two weeks from today and file a
regular bail application.
NA528 No. 18798 of 2026
2

5. Learned counsel for the State has no objection of aforesaid arguments of
learned counsel for the applicant.

6. In view of the above, the prayer for quashing of proceedings/summoning
order is dismissed as not pressed.

7. However, in view of the peculiar facts and circumstances of the case and
looking to the limited prayer of learned counsel for the applicant it is directed
that if the accused-applicant appears and applies for bail before the court
concerned by 20th May 2026 or earlier, the same shall be considered and
decided in accordance with law.

8. Further if the applicant fails to appear by 20th May 2026 or before before
the court concerned to file a bail application, the trial court shall proceed
against him in accordance with law.

9. The present application is disposed of.

May 6, 2026
AS Rathore
(Samit Gopal,J.)

Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad

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