Neutral Citation No. - 2025:AHC:50326 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11213 of 2025 Applicant :- Sanjay @ Puchhu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pranshu Dwivedi,Ram Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ram Prakash Dwivedi, learned counsel for the applicant and Sri Pushpraj Singh, learned brief holder for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the orders dated 17.9.2018, 17.5.2019, 10.6.2019 passed by Additional Chief Judicial Magistrate, Court No. 12, Agra in criminal case no. 1257 of 2010 (State Vs. Sanjay @ Puchhu) arising out of case crime No. 838 of 2001, under Sections 379, 411, I.P.C., Police Station New Agra, District Agra, whereby Non Bailable Warrant has been issued against the applicant. Learned counsel for the applicant 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 applicant was 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 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, (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 applicant shall be kept in abeyance. Order Date :- 8.4.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad