Allahabad High Court
RAJENDRA AGRAWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court dismissed the Section 528 application and ordered the non‑bailable warrant to be kept in abeyance pending a bail application, which shall be decided expeditiously.
Summary
The applicant filed a Section 528 BNSS application seeking to quash the criminal complaint (Case No. 104 of 2013) under IPC 420 and a non‑bailable warrant dated 16‑04‑2021 issued by the ACJM Court, Agra. The applicant’s counsel argued that the application should be dismissed and that the applicant could instead seek bail, relying on the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court agreed, directing that the applicant must appear before the trial court within three weeks to file a bail application, which will be decided expeditiously in line with the Supreme Court precedent. The non‑bailable warrant was ordered to remain in abeyance for the same period or until the applicant surrenders. Consequently, the Section 528 application was dismissed and the petition was disposed.
Issues considered
- Whether the Section 528 BNSS application to quash the criminal complaint and the non‑bailable warrant should be entertained.
- Whether the applicant is entitled to bail under the Supreme Court’s guidelines in Satender Kumar Antil v. CBI.
Legislation cited
- Code of Criminal Procedure — s. 528
- Indian Penal Code — s. 420
Subjects
- Section 528 CrPC
- bail
- non‑bailable warrant
- quash proceeding
- Supreme Court precedent
- IPC 420
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38586 of 2026
Rajendra Agrawal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Shriman Narayan Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard Sri Shriman Narayan Tiwari, learned counsel for applicant; learned A.G.A.
for State and perused the record.
2. The instant 528 BNSS Application has been filed with a prayer to quash the entire
proceeding in complaint case No. 104 of 2013 (Subhani @ Pappu Vs. Rajendra
Agrawal and others) under section 420 I.P.C., Police Station-Sadar, District Agra as
well as Non Bailable Warrant dated 16.04.2021 issued by A.C.J.M. Court No.10,
Agra, pending in the court of learned A.C.J.M. Court No.10, Agra.
3. After arguing the matter at some extent, learned counsel for applicant submits that
present application may be dismissed as not pressed with liberty to file a bail
application which may be decided in view of law laid down by Supreme Court in
"Satender Kumar Antil Vs. Central Bureau of Investigation and another,
reported in 2021 SCC OnLine SC 922" to which learned A.G.A. has no objection.
4. In view of the above, it is provided that in case the applicant appears before the trial
court within three weeks from today and applies for bail, the same shall be decided
expeditiously, in view of the law laid down by the Apex Court in Satender Kumar
Antil (supra).
5. For the period of three weeks from today or till the time of surrender of the
applicant before the Court below, whichever is earlier, non-bailable warrant issued
against the applicant shall be kept in abeyance.
6. The petition is disposed off accordingly.
September 14, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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