Neutral Citation No. - 2025:AHC:134352 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 28889 of 2025 Applicant :- Zulfiqar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Mohammad Belal, learned counsel for the applicants and learned A.G.A. for the State are present. The present application under Section 528 B.N.S.S has been filed to quash the order dated 17.08.2022 passed by Additional District Judge-II, Hapur in Sessions Trial No.87 of 2017 (State Vs. Ateek and others), arising out of Case Crime No.143 of 2000, under Section 307 I.P.C., P.S. Simbhawali, District Hapur, pending in the court of Additional District Judge-II, Hapur, whereby NBW has been issued against the applicants. Learned counsel for the applicants submits that applicants were on bail at the time of issuance of N.B.W. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicants and perusing record, the instant application u/s 528 BNSS is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. Order Date :- 7.8.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad