Allahabad High Court
KAPIL UPADHYAY AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court declined to quash the warrant but ordered that, upon surrender within three weeks, the applicants' bail application shall be heard and no coercive action shall be taken during that period.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a non‑bailable warrant dated 07‑02‑2018 issued in a case involving offences under Sections 498‑A and 323 of the IPC. During the hearing, the applicants withdrew their challenge to the charge sheet and only requested protection to surrender before the trial court and to have their bail application considered expeditiously. The State’s counsel raised no objection to this limited prayer. The High Court directed that if the applicants surrender within three weeks and file a bail application, the bail matter shall be decided in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI, and no coercive measures shall be taken against them during that period. The application was thereafter disposed.
Issues considered
- Whether the non‑bailable warrant can be quashed under Section 528 of the B.N.S.S.
- Whether the court can order a stay on coercive steps pending the applicants' surrender and bail application
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 498-A
Subjects
- non‑bailable warrant
- bail
- Section 528
- quash
- surrender
- coercive steps
- IPC 498-A
- IPC 323
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35953 of 2026
Kapil Upadhyay And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Tej Kulshrestha, Vinay Singh
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
impugned Non Bailable Warrant dated 07.02.2018 passed in Case No.
275/9 of 2018 (State of U.P. Versus Kapil Upadhyay and another), arising
out of Case Crime No. 519 of 2007, under Sections 498-A, 323 I.P.C.,
Police Station- Sadar Bazar, District Mathura, pending in the Court
of Additional Chief Judicial Magistrate, Mathura.
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. 35953 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 applies 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 15, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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