Allahabad High Court
SHAN AHMAD AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court declined to quash the warrant but ordered that the applicants surrender within three weeks and that their bail application be decided per the Supreme Court’s guidelines, with no coercive action taken in the interim.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a non‑bailable warrant dated 18‑02‑2026 issued in State v. Shan et al., which arose from charges under IPC sections 498A, 323, 506 and Sections 3 and 4 of the Dowry Prohibition Act. During the hearing, the applicants withdrew their challenge to the charge‑sheet and only requested protection to surrender before the trial court and for an expeditious consideration of their bail application. The State’s Additional Government Advocate expressed no objection to this limited prayer. The Court directed that the applicants must surrender within three weeks and, upon doing so, their bail application shall be decided in accordance with the Supreme Court’s ruling in Satender Kumar Antil v. CBI (2021 10 SCC 773), and that no coercive measures be taken against them during this period. The Court thereafter disposed of the application without quashing the warrant. The order effectively balances the applicants’ right to seek bail with the State’s interest in ensuring their appearance.
Issues considered
- Whether the non‑bailable warrant can be quashed under Section 528 of the CrPC.
- Whether the Court can direct protection for surrender and stay coercive steps pending bail consideration.
- How the Supreme Court precedent Satender Kumar Antil v. CBI governs bail applications in non‑bailable offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 506
Subjects
- bail
- non‑bailable warrant
- Section 528 CrPC
- IPC 498A
- Dowry Prohibition Act
- surrender
- coercive steps
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34490 of 2026
Shan Ahmad And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Khalid Ansari, Qaisar Kamal
Ansari
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the
applicants with the prayer to allow this application and quash the Non
Bailable Warrant dated 18.02.2026 passed by ACJ (J.D), 21, Allahabad in
Case No. 1302 of 2015 (State vs. Shan and others), arising out of Case
Crime No. 61 of 2014, under Sections 498A, 323, 506 IPC and Section
3/4 D.P. Act, Police Station Mahila Thana, District Allahabad.
3. After advancing certain argument at length by learned counsel for the
applicants, when the Court put certain query to him, he gave up his
challenge to the aforesaid impugned charge sheet against the applicants
and confined his submission requesting to grant some protection to the
applicants to surrender before the concerned court below. Learned
counsel for the applicants 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 applicants expeditiously in accordance
with law.
4. Per contra, learned A.G.A. for the State states that he has no objection
to the aforesaid prayer made by learned counsel for the applicants for not
pressing the other prayers made in the instant application.
NA528 No. 34490 of 2026
2
5. In view of the above, it is directed that in case the applicants
appear/surrender before the concerned trial court within three weeks from
today and apply for bail, their bail application shall be considered and
decided in view of law laid down by Hon'ble Apex Court in the case of
Satender Kumar Antil Vs. Central Bureau of Investigation and another:
(2021) 10 SCC 773. Till the aforesaid period of three weeks or till
surrender before Court, whichever is earlier, no coercive steps shall be
taken against the applicants in the aforesaid case.
6. With the aforesaid observations, this application is finally disposed of.
(Chawan Prakash,J.)
September 8, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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