HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37229 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Sri Jawahir Yadav, learned counsel for the applicant and Sri Abhishek Kumar, 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 4.10.2024, passed by Special Judge (POCSO Act), Court No.3, Ghaziabad in Session Trial No.31 of 2016 (State Vs. S. Neeraj Kumar), arising out of case crime No. 846 of 2015, under Section 363, 366, 376, I.P.C., Police Station Loni Border, District Ghaziabad, whereby Non Bailable Warrant has been issued against the applicant. This is a case related to personal liberty of accused as provided by the Constitution of India, due to this reason, opportunity of hearing of opposite party No.2 is dispensed with. Learned counsel for the applicant submits that the present trial is pending and uring trial, the applicant was on bail. 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. Versus Counsel for Applicant(s) : Prashant Ji Pandey Counsel for Opposite Party(s) : G.A. Neeraj Kumar Alias Neeraj .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant 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 applies 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 against applicant shall be kept in abeyance. September 8, 2026 KJ NA528 No. 37229 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad