Neutral Citation No. - 2025:AHC:34669 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7858 of 2025 Applicant :- Ramu Alias Shailendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Kalp Dev Mishra, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 15.06.2022 passed by Special Judge (D.A.A.)/ Additional Sessions Judge, Court No. 3 Agra, in Special Case No. 667 of 2019 (State Vs. Het Singh and others) arising out Case Crime No. 66 of 2019, under Sections 392, 411 of I.P.C., Police Station- Basai Arela, District Agra, whereby non-bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing non-bailable warrant but he was in judicial custody in another case. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance 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, 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. 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 :- 10.3.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad