Allahabad High Court

NAVEEN @ BOBBY @ NAVEEN KUMAR JAIN AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 13 September 2026
Bench: SAMIT GOPAL

Holding

The court dismissed the prayer to quash the warrants as not pressed and ordered that bail applications be decided expeditiously upon surrender, with coercive measures against the first applicant stayed until 28‑09‑2026 or his appearance.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to set aside a non‑bailable warrant (NBW) against one applicant and a bailable warrant (BW) against two others, both dated 13‑05‑2026 and issued by the Special Judge, SC/ST Act, Firozabad in State v. Dashrath Sharma & others. They also prayed for a stay of further proceedings, arguing that the warrants caused irreparable loss. The counsel for the applicants clarified that their real aim was only to have the trial court decide their bail applications as quickly as possible and did not press the request to quash the warrants. The State had no objection to this limited prayer. The High Court dismissed the request to quash the NBW and BW as it was not pressed, but directed that if the accused surrender before the trial court or by 28‑09‑2026 and apply for bail, the application shall be heard expeditiously, and any coercive measures against the first applicant shall be kept in abeyance until that date or his appearance. The application was consequently disposed.

Issues considered

Whether the High Court should quash the non‑bailable and bailable warrant orders issued by the Special Judge.
Whether a stay of further proceedings against the applicants is warranted under Section 528 of the BNSS.
Whether the court can direct that bail applications be considered expeditiously upon surrender of the accused.

Legislation cited

Bail and Non‑bailable Warrant (BNSS) Act — s. 528
Indian Penal Code — s. 420, 504, 506
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)

Subjects

bail
non‑bailable warrant
bailable warrant
Section 528
stay of proceedings
SC/ST Act
expeditious bail hearing
coercive measures
surrender

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38613 of 2026

Naveen @ Bobby @ Naveen Kumar Jain And 2
Others .....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Somdev Dixit
Counsel for Opposite Party(s) : G.A.

Court No. - 76
HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Somdev Dixit, learned counsel for the applicants, Sri Bade
Lal Bind, learned counsel for the State and perused the record.

3. This application under Section 528 BNSS has been filed by the
applicants Naveen @ Bobby @ Naveen Kumar Jain, Shiva @ Shivam
and Bhumi Jain with the following prayers:

"It is therefore most respectfully prayed that this Hon'ble court may
graciously be pleased to allow this application and set -aside the N.B.W
order against the applicant no. 1 and B.W. order against the applicant no.
2 and 3 dated 13.05.26 passed by Special Judge, SC/ST Act. Firozabad
District Firozabad in S.T. No. 1567/2022 (State Vs. Dashrath Sharma &
others) arising out of case crime no. 636/21 U/S 420,504,506 I.P.C. and
3(1) द.ध SC/ST. Act P/s Uttar District Firozabad, otherwise the applicants
shall suffer an irreparable loss and injury.

It is further prayed stay that the further proceeding in N.B.W order
against the applicant no. 1 and B.W. order against the applicant no. 2
and 3 dated 13.05.26 passed by Special Judge, SC/ST Act. Firozabad
District Firozabad in S.T. No. 1567/2022 (State Vs. Dashrath Sharma &
others) arising out of case crime no. 636/21 U/S 420,504,506 I.P.C. and 3
(1) द, ध SC/ST. Act P/s Uttar District Firozabad, otherwise the applicants
shall suffer an irreparable loss and injury.

And/or to pass any such other or further order as this Hon'ble court may
deem fit and proper in the present facts and circumstances of the case."

4. At the very outset, learned counsel for the applicants states that the
purpose of the applicants would suffice if an order is passed directing the
trial court to decide the bail application of the applicants as expeditiously
NA528 No. 38613 of 2026
2

as possible. He further states that although the prayer has been made for
quashing of N.B.W. and B.W. of the aforesaid case but he does not press
the same.

5. Learned counsel for the State has no objection of aforesaid arguments
of learned counsel for the applicants.

6. In view of the above, the prayer for quashing of the N.B.W. and B.W.
of the aforesaid case is dismissed as not pressed.

7. However, in view of the peculiar facts and circumstances of the case
and looking to the limited prayer of learned counsel for the applicants it is
directed that if the accused-applicants surrenders before the trial court
concerned or on before 28.09.2026 and apply for bail, the same shall be
considered and decided expeditiously in accordance with law. Till
28.09.2026 or the date the applicant no.1/Naveen @ Bobby @ Naveen
Kumar Jain appears whichever is earlier, if any coercive measures have
been issued against him only, the same shall be kept in abeyance.

8. The present application stands disposed of.

9. Registrar (Compliance) to communicate this order to the concerned
trial court within one week.

(Samit Gopal,J.)
September 14, 2026
M. ARIF

Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad

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