HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25285 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. By means of this application u/s 528 BNSS, the applicant has prayed for quashing non bailable warrant dated 16.12.2024 passed by ACJM, court no. 6, Allahabad in Case No. 3401 of 2018 arising out of Case Crime No. 105 of 2015, under Sections 323, 324, 325, 504, 308 IPC, P.S. Sarai Mamarej, District Prayagraj. 2. Heard learned counsel for the applicant and learned AGA for the State and Sri Jai Singh Yadav, learned counsel for respondent no. 2. 3. Learned counsel for the applicant submitted that after investigation, police has submitted charge-sheet before the court against the applicant and co-accused where upon summoning order was passed by learned ACJM. All chargesheeted accused persons including the applicant had filed application u/s 482 No. 25003 of 2024 before this Court with prayer to quash entire proceedings of Criminal Case No. 3401 of 2018. However, counsel for the applicants had withdrawn the application with liberty to file bail application before the competent court. The application was disposed of as withdrawn by this Court vide order dated 1.8.2024 with liberty to appear before the court below and file appropriate application for bail, which shall be decided in the light of decision in Satender Kumar Antil vs. CBI and another (2021) 10 SCC 773. He next submitted that co-accused persons surrendered before the court below and they have been granted bail by order of sessions court pursuant to said direction. However, due to some unavoidable reasons the applicant could Versus Counsel for Applicant(s) : Satish Chandra Yadav, Vaibhav Goswami Counsel for Opposite Party(s) : G.A. Roopnath Yadav .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) not surrender before the court below and thus, non bailable warrant was issued against him; his case was separated from co-accused by order dated 9.5.2025 passed by learned Magistrate. He lastly submitted that one opportunity may be given to the applicant to appear before the court below and move bail application in terms of the judgement in Satender Kumar Antil (supra). 4. After perusal of material on record, no case is made out for quashing the criminal proceedings of the case. However, it is provided that in case the applicant appears before the court below within three weeks and moves bail application, the same shall be heard and decided in the light of judgement rendered by Hon'ble Apex Court in Satender Kumar Antil (supra) strictly in accordance with law. 5. The instant application is disposed of with above observtions. September 8, 2025 Dhirendra/ NA528 No. 25285 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad