Neutral Citation No. - 2025:AHC:33228 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7614 of 2025 Applicant :- Waseem Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Kalim,Sabihul Akhlaq Ansari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicant is permitted to correct the same during the course of hearing. Sri Sabihul Akhlaq Ansari, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 17.02.2025 passed by Civil Judge (J.D.)/ Judicial Magistrate, Deoband, Saharanpur in Case No. 398 of 2016 (State Vs. Waseem Ahmad) arising out Case Crime No. 9 of 2008, under Sections 279, 337, 338, 427, 304 of I.P.C., Police Station- Badagaon, District Sahranpur, whereby non-bailable warrant as well as proceeding under Section 82 of Cr.P.C. has been issued against the applicant. Learned counsel for the applicant submits that at the time of issuing non-bailable warrants the applicant was on bail. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for appearance has been served and without issuing any summon or bailable warrant direct NBW has been issued. 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be 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, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused. For a period of three weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 7.3.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad