Allahabad High Court

AJIT MISHRAversusState of U.P.

Decided: 22 February 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The anticipatory bail application was disposed of as the applicant chose to seek regular bail before the court below.

Summary

The applicant, Ajit Mishra, filed an anticipatory bail application under Section 438 of the Criminal Procedure Code. He later informed the court that he no longer wished to pursue anticipatory bail and intended to seek regular bail before the trial court. The learned counsel for the applicant requested that the anticipatory bail application be withdrawn. The court noted that if the applicant appears before the lower court and applies for regular bail, the application will be considered expeditiously as per law. Consequently, the anticipatory bail application was disposed of without further hearing.

Issues considered

Whether an anticipatory bail application can be withdrawn by the applicant in favor of seeking regular bail before the trial court

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
regular bail
Section 438
Criminal Procedure Code
withdrawal of application

Judgment

                                        Court No. - 73

                                        Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
                                        438 CR.P.C. No. - 1478 of 2021

                                        Applicant :- Ajit Mishra
                                        Opposite Party :- State of U.P.
                                        Counsel for Applicant :- Ajay Kumar Srivastava,Savan Kumar
                                        Counsel for Opposite Party :- G.A.,Dhirendra Kumar Srivastava

                                        Hon'ble Rajiv Gupta,J.

                                        Learned counsel for the applicant submits that he does not
                                        want to press this Anticipatory Bail Application and seeks
                                        to file regular bail before the court below.

                                        In case the applicant appears before the court below and
                                        applies for regular bail his bail application shall be
                                        considered and decided as expeditiously as possible in
                                        accordance with law.

                                        With these observations, this Anticipatory Bail Application
                                        is finally disposed of.

                                        Order Date :- 23.2.2022
                                        R




Digitally signed by RAM ASARE
MORYA
Date: 2022.02.23 13:29:42 IST
Reason:
Location: High Court of Judicature at
Allahabad

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