Allahabad High Court
RAJ KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 B.N.S.S. is dismissed; the applicant must surrender within three weeks and the bail application shall be decided expeditiously, with a temporary stay on coercive action.
Summary
The applicant, Raj Kumar, filed an application under Section 528 of the B.N.S.S. seeking to quash a non‑bailable warrant dated 08‑06‑2022 issued in Criminal Case No. 1786 of 2016 (Ram Singh v. Ajay Pal) under IPC sections 323 and 504. Instead of pressing the merit of the quash petition, the applicant requested the court to direct the lower courts to decide his bail application expeditiously. The State, represented by the Advocate General, raised no objection to the applicant’s alternative prayer. The High Court refused the relief to quash the warrant but ordered the applicant to surrender before the trial court within three weeks and directed that any bail application be decided promptly in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the three‑week period or until surrender, and dismissed the Section 528 application.
Issues considered
- Whether the High Court should quash the non‑bailable warrant issued against the applicant.
- Whether the court can issue a direction for the lower court to decide the bail application expeditiously.
- Whether a stay on coercive action can be granted pending surrender.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 504
Subjects
- non-bailable warrant
- bail application
- Section 528 application
- expeditious bail
- coercive action
- surrender
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37889 of 2026
Raj Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjit Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for applicant; learned A.G.A. for State and
perused the record.
2. Present application u/s 528 B.N.S.S. application has been filed to
application and quash the Non Bailable Warrant issued against the
applicant dated 08.06.2022 in Criminal Case No.1786 of 2016 (Ram
Singh Vs. Ajay Pal and others) under section 323, 504 I.P.C., Police
Station Fariha, District Firozabad, pending in the court of A.C.J.M. II
Firozabad.
3. On the matter being taken up, learned counsel for the applicant has not
pressed the relief as sought by means of this application on merit and
prayed for issuance of appropriate direction to the concerned Courts
below to decide the bail application of the applicant expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicant.
5. Accordingly the relief as sought by the applicant through this
application is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is
directed that applicant shall surrender before the concerned Court below
within three weeks from today and in case applies for bail, the bail
application shall be decided expeditiously by the courts below in
NA528 No. 37889 of 2026
2
accordance with law 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 three weeks from today or till the time of surrender of
the applicant before the Court below, whichever is earlier, no coercive
action shall be taken against them.
8. With the aforesaid directions, this application under Section 528
B.N.S.S. stands disposed of.
(Deepak Verma,J.)
September 9, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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