Neutral Citation No. - 2025:AHC:47085 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9885 of 2025 Applicant :- Santosh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Naveet Kumar Mishra, Advocate holding brief of Sri Sunil Kumar Yadav, learned counsel for the applicant and Sri Pranvijay Singh, learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 21.1.2025 passed by Civil Judge (S.D.), Etah, in Case No. 447 of 2022, under Sections 41/102 of Cr.P.C. read with Section 411 of I.P.C., P.S. Jalesar, District Etah, whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that applicant was on bail prior to issuing non bailable warrant. It is further submitted that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. 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. It is further submitted that order of the non-bailable warrant has been passed. without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.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 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 applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 3.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad