HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42269 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Learned counsel for the applicant is permitted to correct the prayer part of application during the course of day. Sri Mukul Yadav, Advocate holding brief of Sri Shri Krishan Yadav, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 22.1.2025 passed in Session Trial No. 205 of 2024, arising out of case crime No. 768 of 2023, under Sections 376, 354, 354-D, 323, 504, 506, I.P.C., Police Station Chakeri, District Kanpur Nagar, whereby Non Bailable Warrant as well as proceedings under Section 82, Cr.P.C. has been issued/initiated against the applicant, pending in the court of Additional Sessions Judge, Court No. 22, Kanpur Nagar. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of Non-Bailable Warrant. 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 be 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 and perusing record, the instant Versus Counsel for Applicant(s) : Shri Krishan Yadav Counsel for Opposite Party(s) : G.A. Raj Pratap Singh @ Raja Thakur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 apply for bail/recall of non bailable warrant, his application 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 as well as proceedings under Section 82, Cr.P.C. against applicant shall be kept in abeyance. October 1, 2026 T. Sinha NA528 No. 42269 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad