Neutral Citation No. - 2025:AHC:50220 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9647 of 2025 Applicant :- Mangaroo And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Sen Pal,Jay Devi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Chandra Sen Pal, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 5.11.2024 passed by Gram Nayayalaya, Badlapur, Jaunpur in criminal case no. 1 of 2006 (State Vs. Bhagirathi) arising out of case crime No. C-1 of 2006, under Sections 323, 504, I.P.C., Police Station Sujanganj, District Jaunpur, whereby Non Bailable Warrant has been issued against the applicants. Learned counsel for the applicants submits 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 the applicants were on bail at the time of issuing of Non-Bailable Warrant. It is settled position of law that Non Bailable Warrant should be issued as a last resort after the litigant fails to respond to the notice/summon and bailable warrants. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply 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, (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. For a period of three weeks from today or till applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. Order Date :- 8.4.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad