Allahabad High Court
SHARAFAT ALIversusSTATE OF U.P.
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court ordered that no coercive action be taken for three weeks and that, upon surrender and bail application within that period, the matter shall be decided expeditiously, without quashing the warrant.
Summary
The applicant, Sharafat Ali, filed an application under Section 528 of the Criminal Procedure Code seeking quashing of a non‑bailable warrant dated 03‑04‑2023 and a Section 82 CrPC process dated 13‑07‑2026 in a criminal case pending before the Additional Chief Judicial Magistrate, Siddharth Nagar. The applicant argued that he had previously been released on bail but a warrant was issued after his non‑appearance, and he requested that the court direct that, should he surrender within three weeks and apply for bail, the matter be decided expeditiously. The court noted the applicant’s plea and, without quashing the warrant, ordered that no coercive action be taken against him for three weeks and that he need not furnish fresh bail bonds. It further directed that if the applicant surrenders within the stipulated period and applies for bail, the application shall be considered and decided promptly in accordance with settled law. The application was therefore disposed with these specific directions.
Issues considered
- Whether the non‑bailable warrant dated 03‑04‑2023 can be quashed under Section 528 CrPC.
- Whether the applicant can be protected from coercive action for a specified period pending surrender and bail application.
- Whether the applicant can be compelled to produce fresh bail bonds and sureties in view of the warrant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82
- Indian Penal Code — s. 323, 324
Subjects
- Section 528 CrPC
- non‑bailable warrant
- bail application
- coercive action
- expeditious disposal
- Criminal Procedure Code
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40290 of 2026
Sharafat Ali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saukat Jamal, Shahroze Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of non-
bailable warrant dated 03.04.2023 as well as process under Section 82
Cr.P.C. dated 13.07.2026 issued in Criminal Case No.968 of 1992 (State
Vs. Rasool Mohammad), arising out of Case Crime No.98 of 1991, under
Section 323, 324 IPC, P.S. Dumariaganj, District Siddharth Nagar,
pending in the court of learned Additional Chief Judicial Magistrate,
Siddharth Nagar.
3. At the very outset, learned counsel for applicant submitted that earlier
the applicant was released on bail and due to non appearance on the date
fixed before learned court, non-bailable warrant has been issued against
him. Learned counsel for applicant confined his prayer only to the extent
that the present application may be disposed of finally with a direction to
the court concerned that in case applicant surrenders before it and applies
for bail in pursuance of NBW order dated 03.04.2023, the same may be
considered and decided expeditiously in accordance with law to which
learned AGA has no objection.
4. In view of the aforesaid, the instant application is finally disposed of
with a direction to the court concerned that in case, the applicant
surrenders before the court concerned within a period of three weeks from
today and applies for bail in pursuance of NBW order dated 03.04.2023,
the same shall be considered and decided expeditiously in accordance
with settled law.
NA528 No. 40290 of 2026
2
5. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicant herein in the present case and
also, he will not be compelled to produce fresh bail bonds and sureties in
pursuance of non-bailable warrant.
(Saurabh Srivastava,J.)
September 29, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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