Allahabad High Court
VINOD KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the non‑bailable warrant but ordered it to be kept in abeyance and directed the applicant to surrender within two weeks, with the bail application to be disposed of expeditiously.
Summary
The applicant filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a non‑bailable warrant dated 17‑11‑2025 and the criminal proceedings in case No. 3773 of 2020 under Section 138 of the Negotiable Instruments Act. During the hearing the applicant withdrew his challenge to the warrant and instead requested protection to surrender before the trial court and a direction for speedy disposal of his bail application. The State had no objection to granting temporary protection. The High Court refused to quash the warrant but ordered that the warrant be kept in abeyance for up to two weeks, directing the applicant to surrender within that period and directing the lower courts to dispose of any bail application expeditiously in line with the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The application under Section 528 was consequently disposed of.
Issues considered
- Whether the non‑bailable warrant and the criminal proceedings under Section 138 of the Negotiable Instruments Act can be quashed under Section 528 of the Code of Criminal Procedure.
- Whether the court can grant protection to the applicant to surrender and direct an expeditious disposal of his bail application.
Legislation cited
- Code of Criminal Procedure — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- non‑bailable warrant
- Section 528 BNRS
- Negotiable Instruments Act
- Section 138
- bail
- surrender
- expeditious disposal
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20353 of 2026
Vinod Kumar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Parvesh Kumar Pandey, Sweksha
Dubey
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 17.11.2025 as well as entire proceedings of Criminal Case No.
3773 of 2020 (Udayraj Singh Vs. Vinod Kumar Singh), under Section 138 of
the Negotiable Instruments Act, Police Station Gyanpur, District Bhadohi.
3. At the outset learned counsel for the applicant gave up his challenge to the
aforesaid Non-bailable warrant dated 17.11.2025 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
application is refused.
NA528 No. 20353 of 2026
2
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 two 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 two weeks from today or till the time of surrender of the
applicant before the concerned Court, whichever is earlier, non-bailable
warrant dated 17.11.2025 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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