Allahabad High Court
ADNAN SHAKIL @ SAFAR SHEKH @ RAJAB SAHABversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to quash the non‑bailable warrant and therefore refused the application.
Summary
The applicant, Adnan Shakil, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant (NBW) dated 8 August 2025 that had been issued after he allegedly missed court dates despite having been granted bail. The High Court examined the record and found no sufficient ground to interfere with the warrant or set it aside. Consequently, the Court refused the prayer to quash the NBW. However, the Court directed the applicant to surrender before the trial court within three weeks, with a stay on any coercive action during that period, and noted that no fresh bond would be required as bail had already been granted. The application was therefore disposed of, with the applicant instructed to comply with the existing NBW.
Issues considered
- Whether the High Court can quash a non‑bailable warrant issued under Section 528 CrPC when the applicant claims bail has already been granted.
- Whether the applicant is entitled to a stay of coercive action pending surrender before the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 307
Subjects
- non‑bailable warrant
- quash
- Section 528 CrPC
- bail
- criminal procedure
- surrender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39006 of 2026
Adnan Shakil @ Safar Shekh @ Rajab Sahab
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Gupta
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 8.8.2025 passed by learned Additional District
Judge-Ist, Gautam Buddh Nagar in Session Trial no. 868 of 2022 (State vs.
Muneer Mahtab and another) arising out of Case Crime no. 282 of 2016
under sections 307 IPC, Police Station- Bisrakh, District Gautam Buddh
Nagar.
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.
NA528 No. 39006 of 2026
2
7. Considering the facts and circumstances of the matter, applicant is
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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