Allahabad High Court
BALIRAM SONKAR @ BALLIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that there were no grounds to set aside the Non‑Bailable Warrant and therefore refused to quash it.
Summary
The applicant, Balli @ Baliram, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a Non‑Bailable Warrant (NBW) dated 9 May 2025 issued by the Additional Chief Judicial Magistrate‑I, Basti, in a case arising from offences under Sections 323, 325 and 504 IPC. The applicant argued that he had already been granted bail but his absence on certain dates led to the issuance of the NBW. The High Court examined the record and found no sufficient ground to interfere with the NBW, thereby refusing to quash it. However, the Court allowed the applicant liberty to surrender before the concerned court within three weeks, directing that no coercive action be taken during that period and that no fresh bond or surety be required. The application was consequently disposed of.
Issues considered
- Whether the Non‑Bailable Warrant can be quashed under Section 528 CrPC on the ground that bail had previously been granted.
- Whether the applicant is entitled to liberty to surrender without furnishing a fresh bond or surety.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- Non‑bailable warrant
- bail
- quash
- surrender
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38992 of 2026
Baliram Sonkar @ Balli
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raman Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of Non-
Bailable Warrant dated 9.5.2025 passed by learned Additional Chief Judicial
Magistrate-I, Basti in Case no. 389 of 2015 (State vs. Balli @ Baliram)
arising out of NCR no. 10 of 2015 under sections 323, 325, 504 of IPC,
Police Station- Rudhauli, District Basti.
3. Learned counsel for applicant submitted that applicant has already been
granted bail by learned court concerned but due to absence on certain dates,
it culminated into impugned Non-Bailable Warrant issued against the
applicant.
4. On perusal of the record, this Court does not find it to be a case where
interference of this Court is required. No such ground appears to be available
in the present application, on the basis of which, impugned order can be set
aside.
5. Accordingly, the prayer sought through the instant application, is refused.
6. Lastly, learned counsel for applicant has submitted that liberty may be
granted to applicant to surrender before the court concerned in pursuance to
NBW order to which learned AGA has no objection.
7. Considering the facts and circumstances of the matter, applicant is
NA528 No. 38992 of 2026
2
directed to appear before the learned court concerned in pursuance to
impugned NBW order within three weeks from today. Till three weeks from
today, no coercive action shall be initiated against the applicant. After the
expiry of aforesaid period of three weeks, learned concerned court is
directed to proceed as per law. Since, it is informed by learned counsel for
the applicant that applicant has already been granted bail and as such no
fresh bond and surety will be required by the learned court concerned.
8. With the aforesaid observation, the application is disposed of.
(Saurabh Srivastava,J.)
September 23, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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