Allahabad High Court
AJAY YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
A non‑bailable warrant cannot be executed without due process, and its execution must be stayed pending the applicant’s appearance before the lower court.
Summary
The applicant, Ajay Yadav, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a non‑bailable warrant (NBW) issued by the Additional Session Judge in a 2006 trial relating to offences under Sections 302/34 and 201/34 of the IPC. The applicant contended that the NBW was issued without first serving a summons or a bailable warrant, despite being on bail during the trial, and argued that such issuance violates established law that NBWs are a last resort. The State opposed the application. The High Court examined the submissions and noted the settled principle that an NBW should follow failure to respond to notices, summons, and a bailable warrant. While the Court did not outright quash the warrant, it stayed its execution for three weeks and directed the applicant to appear before the lower court and apply for bail or recall of the NBW, citing relevant Supreme Court judgments. The application was therefore disposed with a conditional stay of the NBW.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons or a bailable warrant.
- Whether the order of the Additional Session Judge issuing the NBW can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 201, 302, 34
Subjects
- non‑bailable warrant
- Section 528
- stay of execution
- bail
- procedural law
- summons
- Indian Penal Code
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37181 of 2026
Ajay Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Indra Narayan, Rajat Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Indra Narayan, learned counsel for the applicant and Sri Alok
Kumar Mishra, learned A.G.A. for the State.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 18.8.2026 passed by
Additional Session Judge, Court No. 4, Ghaziabad in Session Trial No. 423
of 2006 (State Vs. S. Jeetu and others), arising out of case crime No. 672 of
2005, under Sections 302/34, 201/34 I.P.C., Police Station Kotwali, District
Ghaziabad, whereby Non Bailable Warrant has been issued against the
applicant.
Learned counsel for the applicant submits that the present trial is pending
and during trial, the applicant was on bail. It is further submitted that the
impugned order has been passed without satisfying itself that the summon
and other process for attendance has been served. It is further submitted that
the impugned order has been passed without considering the position of law.
It is settled position of law that N.B.W. should be issued as a last resort after
the litigant fails to respond the notices/summons and bailable warrant. It is
further submitted that non-bailable warrant has been issued without issuing
any summon and bailable warrant.
Learned A.G.A. has opposed the application.
Considering submissions of learned counsel and perusing record, the instant
application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is
finally disposed of with a direction that in case applicant appears before the
NA528 No. 37181 of 2026
2
court below within three weeks from today and applies for bail/recall of non
bailable warrant, his application shall be decided in the light of the
observations made in the judgments rendered by the Supreme Court in
Satender Kumar Antil Vs. Central Bureau of Investigation & Another,
(2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh &
Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through
Director 2021 SCC Online SC 941.
For a period of three weeks from today or till applicant appears before the
court below, whichever is earlier, execution of non bailable warrant against
applicant shall be kept in abeyance.
September 8, 2026
KJ
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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