Allahabad High Court
MAYA SHANKAR YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court refused to quash the non‑bailable warrants but granted liberty to surrender and stayed coercive action for three weeks.
Summary
Maya Shankar Yadav filed an application under Section 528 of the Criminal Procedure Code seeking to quash two non‑bailable warrants dated 28‑02‑2024 and 27‑08‑2026 issued by the Additional Session Judge, Azamgarh, in a trial concerning offences under IPC sections 323, 325, 504 and 506. The High Court examined the record and held that no ground existed for interference with the warrants, thereby refusing the prayer to set them aside. However, the Court allowed the applicant liberty to surrender before the concerned court and directed that no coercive action be taken for three weeks. The applicant was instructed to apply for bail within that period, and it was clarified that fresh bond or sureties were not required as bail had already been granted. After the three‑week period, the concerned court was directed to proceed in accordance with law.
Issues considered
- Whether the non‑bailable warrants dated 28‑02‑2024 and 27‑08‑2026 can be quashed under Section 528 of the Criminal Procedure Code.
- Whether the applicant is entitled to liberty to surrender and a stay of coercive action pending bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 325, 504, 506
Subjects
- non‑bailable warrant
- quash
- Section 528
- bail
- surrender
- stay of coercive action
- IPC offences
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39041 of 2026
Maya Shankar Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Babu Lal Ram
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicant, this matter is being taken
up out of turn considering the urgency.
2. Heard learned counsel for applicant and learned A.G.A. for State.
3. The present application under Section 528 BNSS has been filed for
seeking quashing non-bailable warrant dated 28.02.2024 and 27.08.2026
passed by learned Additional Session Judge, Court No.1, Azamgarh in
Session Trial No.643 of 2017, arising out of Case Crime No.415 of 2015,
under sections 323/34, 325/34, 504, 506 IPC, P.S. Phoolpur, District-
Azamgarh.
4. On perusal of entire record appended along with instant application, 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 non-bailable warrant issued in the said case,
can be set aside.
5. Accordingly, the prayer sought through the instant application, is refused.
6. Lastly, learned counsel for applicant submitted that liberty may be granted
to applicant to surrender before the court concerned in pursuance to non-
bailable warrant dated 28.02.2024 and 27.08.2026 issued against him to
which learned AGA has no objection.
7. In view of the aforesaid, the instant application is finally disposed of with
a direction to the applicant to appear before learned court concerned in
NA528 No. 39041 of 2026
2
pursuance to non-bailable warrant dated 28.02.2024 and 27.08.2026 and
prefer bail 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.
8. However, it is made clear that applicant may not be compelled to prefer
fresh bond and sureties, since they have already been granted bail in this
case.
September 16, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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