HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41826 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section 528 BNSS has been filed praying for quashing of non bailable warrant order dated 18.09.2024 passed by learned Additional District Judge/ F.T.C.-I, Bareilly in Case No. 30 of 2020, State Vs. Saurabh Vagiyal, arising out of Case Crime No. 218 of 2019, under Sections 8, 21 of N.D.P.S. Act, Police Station G.R.P. Bareilly Junction, District Bareilly. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence. 5. The present application stands disposed of with the direction that in case applicant appears before the court concerned and applies for bail within 15 days from today, the same shall be decided by the court concerned in accordance with law in view of the guidelines of Apex Court in the case of Versus Counsel for Applicant(s) : Jitendra Singh, Satish Chandra Dubey Counsel for Opposite Party(s) : G.A. Saurabh Vagiyal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Satendra Kumar Antil Vs. Central Bureau of Investigation and another(Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021). 6. For a period of aforesaid period of 15 days no coercive action shall be taken against the applicant. (Dr. Gautam Chowdhary,J.) September 30, 2026 Mustaqeem. NA528 No. 41826 of 2026 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad