Allahabad High Court

DILEEP KUMAR PATELversusSTATE OF U.P. AND ANOTHER

Decided: 17 May 2026
Bench: DEEPAK VERMA

Holding

The court held that the application to quash the non‑bailable warrant could not be entertained, but the warrant may be kept in abeyance pending the applicant’s surrender, and any bail application must be decided expeditiously.

Summary

The applicant filed an application under Section 528 of the CrPC seeking to quash a non‑bailable warrant dated 04‑11‑2022 issued in a Section 138 Negotiable Instruments case. The applicant later withdrew his challenge to the warrant and only requested protection to surrender before the trial court. The State opposed the quash but had no objection to a short‑term protection. The High Court refused to quash the warrant, ordered the applicant to surrender within three weeks, and directed that the warrant be kept in abeyance until surrender, with any bail application to be disposed of expeditiously in line with Supreme Court guidelines. The application was consequently disposed of.

Issues considered

Whether the non‑bailable warrant dated 04‑11‑2022 can be quashed under Section 528 of the CrPC.
Whether the court may grant temporary protection to the applicant to surrender and keep the warrant in abeyance.
Whether bail applications arising from the warrant must be decided expeditiously as per Supreme Court precedent.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 528 CrPC
Non‑bailable warrant
Bail
Surrender
Negotiable Instruments Act
Expeditious bail disposal
Criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20350 of 2026

Dileep Kumar Patel
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Rahul, Ravish Kumar Singh
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 Non-Bailable
Warrant dated 04.11.2022 passed by the Court of Additional Chief Judicial
Magistrate, District Prayagraj in Complaint Case No. 1836 of 2015
(Amrendra Kumar Yadav Vs. Dileep Patel) under Section 138 of the
Negotiable Instruments Act, Police Station Soraon, District Allahabad now
Prayagraj.

3. At the outset learned counsel for the applicant gave up his challenge to the
aforesaid Non-bailable warrant dated 04.11.2022 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. 20350 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 04.11.2022 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

Continue reading with your account

Checking your session…