Allahabad High Court
AJAY AGRAWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the orders but directed surrender within three weeks, kept the NBW in abeyance, and ordered expeditious disposal of any bail application.
Summary
The applicant, Ajay Agrawal, filed an application under Section 528 of the BNSS Act seeking to quash a summoning order dated 18‑10‑2023 and a non‑bailable warrant (NBW) dated 26‑02‑2026 issued by the Additional Civil Judge (J.D.) in Mathura, as well as the criminal proceedings under Section 138 of the Negotiable Instruments Act. During the hearing, the applicant’s counsel withdrew the challenge to the NBW and instead requested protection to enable the applicant to surrender before the lower court. The State’s Additional Government Advocate expressed no objection to granting short‑term protection if the applicant surrenders. The High Court refused the relief to quash the orders but directed the applicant to surrender within three weeks and ordered that the NBW be kept in abeyance pending surrender. It further directed that any bail application filed thereafter be disposed of expeditiously, following the Supreme Court guidelines in Satender Kumar Antil v. CBI (2021). The application under Section 528 BNSS was therefore disposed of.
Issues considered
- Whether an application under Section 528 BNSS to quash a summoning order and NBW can be entertained when the applicant withdraws the substantive relief.
- Whether the court can direct the applicant to surrender and keep the NBW in abeyance.
- Whether the bail application must be disposed of expeditiously in accordance with Supreme Court guidelines.
Legislation cited
- Bail and Non‑bailable Summons (BNSS) Act — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- bail
- non‑bailable warrant
- surrender
- Section 528 application
- Negotiable Instruments Act
- expeditious bail disposal
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20203 of 2026
Ajay Agrawal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Paritosh Sukla, Prashant Pandey,
Shubham Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant, learned Additional Government
Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application has been filed by the applicant to quash the summoning
order dated 18.10.2023 and NBW order dated 26.02.2026 passed by the
learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No. 12,
District-Mathura, as well as entire criminal under Section 138 NI Act, P.S.
Highway, District-Mathura.
3. At the outset learned counsel for the applicant gave up his challenge to the
aforesaid Non-bailable warrant dated 26.02.2026 and criminal proceedings
against the applicant and confined his submission requesting to grant some
protection to the applicant to surrender before the concerned court. The
learned counsel for the applicant further stated at the Bar that he is not
pressing any other prayer made in this application on merits and prayed that
a direction may be issued to the concerned courts below to consider and
decide the bail application of the applicant expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicant is
not pressing the relief as sought for by him on merits and wants to surrender
before the concerned court below, he has no objection if the Court grants
protection to him for a short period.
5. In view of the above, the relief as sought by the applicant in the instant
NA528 No. 20203 of 2026
2
application is refused.
6. However considering the aforesaid alternative prayer made by learned
counsel for the applicant, it is directed that the applicant shall surrender
before the concerned court below within three weeks from today and in case
he applies for bail or recall for NBW, the bail application of the applicant
shall be disposed of expeditiously by the courts below in accordance with
law and keeping in view the guidelines as laid down by the Apex Court in
the case of Satender Kumar Antil vs. Central Bureau of Investigation
and another, reported in 2021 SCC Online SC 922.
7. For the period of three weeks from today or till the time of surrender of
the applicant before the concerned Court, whichever is earlier, non-bailable
warrant dated 26.02.2026 shall be kept in abeyance.
8. With the above observations and directions, the application under Section
528 BNSS is disposed of.
(Deepak Verma,J.)
May 18, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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