Neutral Citation No. - 2025:AHC:75652 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15368 of 2025 Applicant :- Mukesh Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Shukla,M.A. Haseen Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ashok Kumar Shukla, learned counsel for the applicant and Sri Rahul Pandey, 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 07.08.2024, 15.10.2024, 07.01.2025, 11.02.2025 and 26.03.2025 passed by Chief Judicial Magistrate (Railway), Gorakhpur in Case No. 1355 of 2020 (State Vs. Mukesh Kumar Yadav), under Sections 328, 379, 34 of I.P.C., Police Station- GRP, District Gorakhpur whereby non-bailable warrant 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.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, (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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 9.5.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad