Allahabad High Court
ROHIT @ ROHIT GOND AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- TARUN SAXENA
Holding
The court held that the execution of the non‑bailable warrant shall be kept in abeyance for four weeks pending the applicants' appearance before the trial court.
Summary
The applicants filed an application under Section 528 of the BNSS Act seeking to quash the criminal proceedings (Sessions Trial No. 396 of 2020) and the non‑bailable warrant (NBW) issued against them. They contended that they were on bail but could not appear in court due to unavoidable circumstances, and that the NBW was issued without first issuing a summons or a bailable warrant, contrary to established law that NBWs are a last resort. The State opposed the application. The High Court examined the submissions and the record, and directed that the execution of the NBW be kept in abeyance for four weeks or until the applicants appear before the trial court, whichever is earlier. The Court further ordered that, upon appearance, the applicants may apply for bail or recall of the NBW, and that the matter be decided in light of the Supreme Court judgments cited. Thus, the application was not dismissed outright but was disposed of with a conditional stay of the NBW.
Issues considered
- Whether the non‑bailable warrant issued without prior summons or bailable warrant violates procedural law.
- Whether the application under Section 528 BNSS for quashing the criminal proceeding and the NBW is maintainable.
- Whether the High Court can stay the execution of the NBW pending the applicants' appearance.
Legislation cited
- BNSS Act — s. 528
- Indian Penal Code — s. 376, 452, 506
- Protection of Children from Sexual Offences Act — s. 5, 6
Subjects
- bail
- non‑bailable warrant
- Section 528 BNSS
- POCSO Act
- criminal procedure
- summons
- stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7953 of 2026
Rohit @ Rohit Gond And Another
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE TARUN SAXENA, J.
Heard Sri Akhilesh Kumar Dwivedi, learned counsel for the applicants and
learned AGA for the State.
This is an application filed U/s 528 BNSS for quashing the entire proceeding
of Criminal Case of Sessions Trial No. 396 of 2020 (State vs. Rohit)
including summoning/ cognizance order dated 08.10.2020 passed by learned
Special Judge, POCSO Act Kushi Nagar at padrauna and consequential
order dated 21.08.2025 whereby non-bailable warrant has been issued
against the applicant no.1 including charge-sheet dated 04.09.2020 arising
out of case crime no. 123 of 2020, under Section 376, 452, 506 IPC and
Section 5/6 POCSO Act, P.S. Kuber Sthan, District Kushi Nagar.
Learned counsel for the applicant submits that applicant was on bail but due
to inevitable circumstances, he could not attend the court on the date fixed in
the trial and non-bailable warrant has been issued against the applicant by
the trial court's order 15.09.2025. It is further submitted that the impugned
order has been passed without satisfying itself that the summon and other
process for attendance 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. for the State has opposed the application.
NA528 No. 7953 of 2026
2
Considering submissions of learned counsel for the applicants and perusing
record, the instant application is finally disposed of with a direction that in
case applicants appear before the court below within four weeks from today
and applies for bail/ recall of non bailable warrant, their application shall be
decided in the light of the observations made in the judgments rendered by
the Supreme Court in Satender Kumar Anttil vs Centyral Bureau of
Investigation & Another, (2021) 10 SCC 773, Siddhartha 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 four weeks from today or till applicants appears before the
court below, whichever is earlier, execution of non-bailable warrant against
applicants shall be kept in abeyance.
(Tarun Saxena,J.)
February 24, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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