Neutral Citation No. - 2025:AHC:91540 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18206 of 2025 Applicant :- Rajendra Prasad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ravi Shankar Tripathi, learned counsel for the applicants 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 01.12.2021 passed by Chief Judicial Magistrate, Budaun in Criminal Case No. 3888 of 2013 (State Vs. Rajendra and others), under Section 431 of I.P.C., Police Station- Civil Line, District Budaun whereby non-bailable warrant has been issued against the applicants no. 1, 3 and 4. Learned counsel for the applicants submits that he does not want to press the present application on behalf of applicant no. 2 and the same may be dismissed as not pressed. In view of the above, the present application against applicant no. 2 is dismissed as not pressed. Learned counsel for the applicants submits that at the time of issuing non-bailable warrants the applicants no. 1, 3 and 4 were 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 applicants 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 applicants no. 1, 3 and 4 appear before the court below within three weeks from today and applies for bail/recall of non bailable warrant, their 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 no. 1, 3 and 4 appear before the court below, whichever is earlier, execution of non bailable warrant against applicants no. 1, 3 and 4 shall be kept in abeyance. Order Date :- 28.5.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad