Allahabad High Court
DILEEPversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that the execution of the non‑bailable warrant shall be stayed for three weeks or until the applicant appears before the lower court and applies for bail or recall of the warrant.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash a non‑bailable warrant (NBW) issued by the Additional Sessions Judge in a POCSO case. The applicant contended that the NBW was issued without first serving a summons or a bailable warrant, despite being on bail during the trial. The court examined the procedural requirements for issuing an NBW and considered relevant Supreme Court precedents. It directed that the execution of the NBW be stayed for three weeks, or until the applicant appears before the lower court and applies for bail or recall of the warrant. The application was disposed with this conditional stay, pending the applicant’s compliance.
Issues considered
- Whether a non‑bailable warrant can be issued without prior service of a summons or a bailable warrant under the law.
- Whether the order issuing the NBW can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether the execution of the NBW should be stayed pending the applicant’s appearance before the lower court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 376(AB)
- Protection of Children from Sexual Offences (POCSO) Act — s. 6
Subjects
- non‑bailable warrant
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- POCSO Act
- bail
- summons
- stay of execution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39401 of 2026
Dileep
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhil Ranjan
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Akhil Ranjan, learned counsel for the applicant and Sri B.N.
Upadhyay, learned Brief Holder for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 29.5.2025 and
subsequent orders passed by Additional Sessions Judge/Sepcial Judge,
POCSO Act, Court No.4, Gorakhpur, in Special Case No. 1496 of 2021
(State Vs. S. Sampat Kumar), arising out of case crime No. 256 of 2021,
under Section 376(AB) I.P.C. & Section 6 of POCSO Act, Police Station
Campierganj, District Gorakhpur, whereby Non Bailable Warrant has been
issued against the applicant.
Learned counsel for the applicant submits that the present trial is pending
and during trial, the applicant was on bail. It is further submitted that the
impugned order has been passed without satisfying itself that the summon
and other process for attendance has been served. It is further submitted that
the impugned order has been passed without considering the position of law.
It is settled position of law that N.B.W. should be issued as a last resort after
the litigant fails to respond the notices/summons and bailable warrant. It is
further submitted that non-bailable warrant has been issued without issuing
any summon and bailable warrant.
Learned A.G.A. has opposed the application.
Considering submissions of learned counsel and perusing record, the instant
application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is
NA528 No. 39401 of 2026
2
finally disposed of with a direction that in case applicant appears before the
court below within three weeks from today and applies for bail/recall of non
bailable warrant, his application shall be decided in the light of the
observations made in the judgments rendered by the Supreme Court in
Satender Kumar Antil Vs. Central Bureau of Investigation & Another,
(2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh &
Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through
Director 2021 SCC Online SC 941.
For a period of three weeks from today or till applicant appears before the
court below, whichever is earlier, execution of non bailable warrant against
applicant shall be kept in abeyance.
September 23, 2026
KJ
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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