Allahabad High Court
NITIN GUPTA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the non‑bailable warrant but kept it in abeyance for three weeks and directed the applicants to surrender and the lower court to dispose of the bail application promptly.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a non‑bailable warrant dated 20‑01‑2021 issued in a criminal complaint (Arjun Singh v. Nitin Gupta, case No. 739 of 2014) involving offences under Sections 323, 504 and 506 IPC. The counsel for the applicants later withdrew the challenge to the warrant and instead requested protection to surrender before the trial court and an expeditious hearing of their bail application. The State’s Additional Government Advocate raised no objection to a short‑term protection if the applicants surrendered. The High Court refused to quash the warrant but ordered that it be kept in abeyance for three weeks, directing the applicants to surrender within that period and directing the lower court to dispose of any bail application promptly, in line with the Supreme Court guidelines in Satender Kumar Antil v. CBI. The application under Section 528 was therefore disposed of without granting the primary relief.
Issues considered
- Whether the non‑bailable warrant dated 20‑01‑2021 can be quashed under Section 528 of the B.N.S.S.
- Whether the court can grant temporary protection to the applicants to enable surrender before the trial court
- Whether the bail application of the applicants must be disposed of expeditiously
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- non‑bailable warrant
- bail
- surrender
- Section 528
- expeditious bail disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39788 of 2026
Nitin Gupta And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Goyal
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned Additional
Government Advocate for the State of U.P./opposite party no.1 and
perused the record.
2. This application under Section 528 B.N.S.S. has been filed by the
applicants to quash the impugned non-bailable warrant order dated
20.01.2021 to 23.06.2026 issued against the applicant and proceedings of
Complaint Case No.739 of 2014 (Arjun Singh vs. Nitin Gupta and
others), under Sections 323, 504, 506 I.P.C., P.S. Hariparvat, District
Agra, pending in the court of Additional Civil Judge (Junior Division)-III,
Agra.
3. At the outset learned counsel for the applicants gave up his challenge to
the aforesaid non-bailable warrant and criminal proceedings against the
applicants and confined his submission requesting to grant some
protection to the applicants to surrender before the concerned court
below. The learned counsel for the applicants further stated at the Bar that
he is not pressing any other prayer made in this application on merits and
prayed that a direction may be issued to the concerned courts below to
consider and decide the bail application of the applicants expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicants
is not pressing the relief as sought for by him on merits and wants to
surrender before the concerned court below, he has no objection if the
Court grants protection to them for a short period.
5. In view of the above, the relief as sought by the applicants in the instant
NA528 No. 39788 of 2026
2
application is refused.
6. However considering the aforesaid alternative prayer made by learned
counsel for the applicants, it is directed that the applicants shall surrender
before the concerned court below within three weeks from today and in
case they apply for bail, the bail application of the applicants shall be
disposed of expeditiously by the courts below in accordance with law and
keeping in view the guidelines as laid down by the Apex Court in the case
of Satender Kumar Antil vs. Central Bureau of Investigation and
another, reported in 2021 SCC Online SC 922.
7. For the period of three weeks from today or till the time of surrender of
the applicants before the concerned Court below, whichever is earlier,
non-bailable warrant dated 20.01.2021 shall be kept in abeyance.
8. With the above observations and directions, this application under
Section 528 B.N.S.S. is disposed of.
September 18, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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