Allahabad High Court
NEERAJ JAUHARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The Court did not quash the non‑bailable warrant order but directed that any bail application filed after surrender before 30‑May‑2026 be decided expeditiously.
Summary
Neeraj Jauhari filed an application under Section 528 of the BNSS seeking to quash a 27‑April‑2026 order of the Special Judge, SC/ST Act, Agra, which had issued non‑bailable warrants against the accused in State v. Pooran (Session Case No. 1921 of 2022). The applicant argued that the order should be set aside and that the trial court should decide his bail application promptly. The State raised no objection to the applicant’s request. The High Court, noting the specific circumstances and the limited prayer, directed that if the accused surrenders before the trial court or by 30‑May‑2026 and files a bail application, it shall be considered and decided expeditiously, but did not quash the original order. The application was thereafter disposed of.
Issues considered
- Whether the order issuing non‑bailable warrants can be quashed under Section 528 of the BNSS
- Whether the court can direct expeditious consideration of a bail application upon surrender of the accused
Legislation cited
- Code of Criminal Procedure — s. 528
- Indian Penal Code — s. 120-B, 420, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(Da), 3(1)(Dha)
Subjects
- bail
- non‑bailable warrant
- Section 528
- SC/ST Act
- expeditious trial
- surrender
- application disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20170 of 2026
Neeraj Jauhari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Ashish Srivastava, learned counsel for the applicant(s) and
Sri Ram Prakash Shukla, learned counsel for the State and perused the
record.
3. This application under Section 528 BNSS has been filed by the
applicant(s) Neeraj Jauhari, with the prayers to quash the impugned
order dated 27.04.2026 passed by learned Special Judge, SC/ST Act, Agra
in Session Case No. 1921 of 2022 (State Vs. Pooran and others) arising
out of Case Crime No. 141/2022, under sections 420, 504, 506, 120-B
IPC and 3(1)(Da), 3(1)(Dha) of SC/ST Act, Police Station Tajganj,
District Agra, pending in the said court and with a further prayer to stay
the said order of the aforesaid case, during the pendency of the present
application.
4. At the very outset, learned counsel for the applicant(s) states that the
purpose of the applicant(s) would suffice if an order is passed directing
the trial court to decide the bail application of the applicant(s), as
expeditiously as possible. It is submitted that the impugned order dated
27.04.2026 is an order by which non bailable warrants have been issued
against the accused except for the accused Sanjay who appeared from jail,
certified copy of the same is at page 45 of the paper book.
5. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicant(s).
6. In view of the peculiar facts and circumstances of the case and looking
to the limited prayer of learned counsel for the applicant(s), it is directed
that if the accused-applicant(s) surrenders before the trial court concerned
or on before 30.05.2026 and apply for bail, the same shall be considered
and decided expeditiously in accordance with law.
NA528 No. 20170 of 2026
2
7. The present application is disposed of.
(Samit Gopal,J.)
May 18, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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