Allahabad High Court
SAURABH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The issuance of a non‑bailable warrant after anticipatory bail has been granted is illegal and the order was quashed.
Summary
The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash a non‑bailable warrant (NBW) issued on 09‑03‑2026 and a subsequent order refusing to accept their bail bond. The NBW and refusal were issued after a Special Judge had granted anticipatory bail on 26‑02‑2026 in a case involving offences under Sections 333, 115(2), 74, 76, 352, 324(2), 351(2) of the BNSS and Sections 7 and 8 of the POCSO Act. The applicants argued that the NBW was contrary to law because anticipatory bail had already been granted, and that the court had not considered the facts or the legal position. The High Court held that the issuance of an NBW after anticipatory bail is impermissible, quashed the NBW order, and directed the lower court to accept the bail bonds within seven days. The application was disposed of accordingly.
Issues considered
- Whether a non‑bailable warrant can be issued after an anticipatory bail order has been granted.
- Whether the lower court erred in refusing to accept the bail bond of the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 324(2), 333, 351(2), 352, 528, 74, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 7, 8
Subjects
- anticipatory bail
- non‑bailable warrant
- quash order
- criminal procedure
- POCSO Act
- bail bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 19412 of 2026
Saurabh And 2 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : R.P.S. Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri R.P.S. Chauhan, learned counsel for the applicants and Sri Abhishek
Kumar, learned A.G.A. for the State are present.
The present application under Section 528 of Bharatiya Nagarik Suraksha
Sanhita has been filed to quash the order dated 09.03.2026, whereby N.B.W.
has been issued and the order dated 23.03.2026, by which the court
concerned refused to accept the bail bond of the applicant in pursuance of
the order dated 26.02.2026, which has been passed in Anticipatory Bail
Application, arising out of Case Crime No. 459 of 2024, under Sections 333,
115(2), 74, 76, 352, 324(2), 351(2) of B.N.S. and Section 7/8 of POCSO
Act, P.S. Katghar, District Moradabad granting anticipatory bail to the
applicant.
Learned counsel for the applicants submits that the impugned orders have
been passed without considering the facts, circumstances and position of
law. It is further submitted that Anticipatory Bail has been granted by
Special Judge (POCSO Act), Court No. 2, Moradabad vide order dated
26.02.2026. The court concerned granted Anticipatory Bail to the applicant
and prior to submitting the bail bond, issuance of order of N.B.W. is against
the position of law and both the orders (granting anticipatory bail) are
mentioned in the same order sheet.
Learned A.G.A. has not denied the facts, circumstances of the case and
position of law. There is no other point for consideration except issuance of
N.B.W. after allowing the Anticipatory Bail Application. Due to this reason
NA528 No. 19412 of 2026
2
the opportunity of hearing to private opposite party no. 2 is dispensed with.
The order dated 09.03.2026 is quashed and the concerned court is directed to
accept the bail bonds of the present applicant within seven days from the
date of filing of a certified copy of this order.
Accordingly, this application is disposed of.
May 12, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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