Neutral Citation No. - 2025:AHC:33863 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6630 of 2025 Applicant :- Suresh Kesharwani Alias Suresh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tahir Ali Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Tahir Ali, learned counsel for the applicant and Sri Moti Lal learned A.G.A. for the State are present. 2. The present application under Section 528 BNSS has been filed to quash the order of non-bailable warrant dated 18.04.2018 passed by C.J.M., Kaushambi, in Case No. 3441 of 2004 (State v. Suresh and Others) arising out of Case Crime No. 208 of 2003, under Sections 325, 323, 504 of IPC, P.S. Saini, District Kaushambi, whereby non bailable warrant has been issued against the applicants. 3. Learned counsel for the applicant submits that applicant are granted bail earlier prior to issue of non-bailable warrant. Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrant has been passed without satisfying the service of summons or bailable warrant itself. Reliance has been placed upon the decision of the order dated 23.10.2024 passed in Application U/s 482 Cr.P.C. No. 35621 of 2024. 4. Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application. 5. Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicants appear 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. 6. For a period of four weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance. Order Date :- 7.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad