Allahabad High Court
IMRAN ALI AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court refused to quash the non‑bailable warrant but directed that bail applications be considered expeditiously if the applicants surrender within two weeks.
Summary
The applicants, Imran Ali and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 02‑09‑2025 issued by the Special Judge, POCSO Act, Bareilly, in a case involving offences under the IPC, POCSO Act, SC/ST Act and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act. The warrant arose from charges of kidnapping, abduction, attempted rape, criminal conspiracy, offences against children, caste‑based atrocities and unlawful religious conversion. The court heard counsel for both sides and noted that the applicants limited their prayer to a direction that, if they surrender within two weeks and apply for bail, the bail application should be decided expeditiously. The High Court declined to quash the warrant, instead directing that no coercive action be taken against the applicants for a period of two weeks and that any bail application filed within that period be considered promptly. It further ordered that if the applicants fail to surrender or appear within the stipulated time, the non‑bailable warrant shall be executed without delay. The application was therefore disposed with these specific directions.
Issues considered
- Whether the application under Section 528 CrPC for quashing the non‑bailable warrant should be allowed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 120B, 363, 366, 376(2)(n)
- Protection of Children from Sexual Offences (POCSO) Act — s. 17, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2020 — s. 3, 5(1)
Subjects
- Section 528 CrPC
- non‑bailable warrant
- bail application
- quash
- POCSO Act
- SC/ST Act
- unlawful conversion
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40570 of 2025
Imran Ali And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar, Rahul Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for applicants and learned AGA.
2. The present application has been preferred for seeking quashing of the
non-bailable warrant order dated 02.09.2025 passed by learned Special
Judge, POCSO Act, Bareilly, in Special Case No. 201 of 2021 (State vs.
Faiyad and others), arising out of Case Crime No. 206 of 2021, under
Sections 363, 366, 376(2)(n), 120B of I.P.C. and Section 6/17 of POCSO
Act and Section 3(2)(v) of SC/ST Act and Section 3, 5(1) of the U.P.
Prohibition of Unlawful Conversion of Religion Act, 2020, P.S. Bahedi,
District Bareilly.
3. After arguing at some length, learned counsel for applicants 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 applicants
surrender before it and apply for bail in pursuance of NBW order dated
02.09.2025, 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 applicants
surrender before the court concerned within a period of two weeks from
today and apply for bail in pursuance of NBW order dated 02.09.2025,
the same shall be considered and decided expeditiously in accordance
with settled law.
NA528 No. 40570 of 2025
2
5. It is made clear that till two weeks from today, no coercive action shall
be taken against the applicants herein in the present case. However, if the
applicants fail to appear or participate in the trial proceeding within the
time fixed by this Court, non bailable warrant shall be executed against
the applicants without delay.
(Vivek Kumar Singh,J.)
May 6, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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