Allahabad High Court
AKHILESH SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court declined to quash the non‑bailable warrant but directed that no coercive action be taken for three weeks and that any bail application filed upon surrender be decided expeditiously.
Summary
The applicant, Akhilesh Singh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 20‑11‑2017 and the accompanying order dated 20‑07‑2026, which were issued after he failed to appear despite having been released on bail in a case involving offences under IPC sections 379, 411 and 328. The applicant’s counsel limited the prayer to a direction that, should the applicant surrender within three weeks and apply for bail, the bail application be decided expeditiously, and that no coercive action be taken against him during that period. The High Court, after hearing both sides, declined to quash the warrant but issued a direction that no coercive action shall be taken for three weeks and that any bail application filed upon surrender shall be considered promptly in accordance with settled law. The court also clarified that the applicant would not be required to furnish fresh bail bonds or sureties during the three‑week period. The application was therefore disposed of with the said directions.
Issues considered
- Whether the non‑bailable warrant dated 20‑11‑2017 can be quashed under Section 528 CrPC.
- Whether the applicant is entitled to a stay of coercive action pending surrender.
- Whether the court can direct that any bail application filed upon surrender be decided expeditiously.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82
- Indian Penal Code — s. 328, 379, 411
Subjects
- quashing of warrant
- non‑bailable warrant
- Section 528 CrPC
- Section 82 CrPC
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37393 of 2026
Akhilesh Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of non-
bailable warrant dated 20.11.2017 alongwith order dated 20.07.2026 by
which process under Section 82 Cr.P.C. issued in Sessions Trial No.350
of 2014 (State Vs. Akhilesh Singh), arising out of Case Crime No.473 of
2013, under Section 379, 411, 328 IPC, P.S. Kasimabad, District
Ghazipur, pending in the court of learned Additional District and Sessions
Judge, Court No.3, Ghazipur.
3. At the very outset, learned counsel for applicant submitted that earlier
the applicant was released on bail and due to non appearance on the date
fixed before learned court, non-bailable warrant has been issued against
him. Learned counsel for applicant confined his prayer only to the extent
that the present application may be disposed of finally with a direction to
the court concerned that in case applicant surrenders before it and applies
for bail in pursuance of NBW order dated 20.11.2017, the same may be
considered and decided expeditiously in accordance with law to which
learned AGA has no objection.
4. In view of the aforesaid, the instant application is finally disposed of
with a direction to the court concerned that in case, the applicant
surrenders before the court concerned within a period of three weeks from
today and applies for bail in pursuance of NBW order dated 20.11.2017,
the same shall be considered and decided expeditiously in accordance
with settled law.
NA528 No. 37393 of 2026
2
5. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicant herein in the present case and
also, he will not be compelled to produce fresh bail bonds and sureties in
pursuance of non-bailable warrant.
(Saurabh Srivastava,J.)
September 9, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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