Allahabad High Court
BANTIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The bail application is dismissed as withdrawn.
Summary
The applicant Banti filed a bail application in Criminal Misc. Bail Application No. 13978 of 2026 seeking release on bail in Crime No. 401 of 2025, which involved offences under Sections 64 and 351(2) of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act. During the hearing, counsel for the applicant requested permission to withdraw the bail application. The State’s Additional Government Advocate raised no objection to the withdrawal. The Court examined the request and found no impediment to allowing the applicant to retract the application. Consequently, the Court permitted the withdrawal and dismissed the bail application as withdrawn. The order was pronounced on 1 October 2026 by Justice Jitendra Kumar Sinha.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn by the applicant with the consent of the State.
Legislation cited
- Indian Penal Code — s. 351(2), 64
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- withdrawal
- criminal procedure
- POCSO Act
- Indian Penal Code
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13978 of 2026
Banti
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandrajeet
Counsel for Opposite Party(s) : Ashish Rai, G.A., Om Prakash Rai
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Chandrajeet, learned counsel for the applicant and Sri B.P.
Singh, learned AGA appearing for the State respondents.
2. The present bail application has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 401 of 2025, under
Sections 64, 351(2) BNS and Section 3/4 of POCSO Act, registered at
Police Station Murad Nagar, District Ghaziabad, during pendency of the
trial.
3. Learned counsel for the applicant seeks permission to withdraw the
present application.
4. Learned AGA has no objection to the aforesaid.
5. Prayer aforesaid is allowed.
6. Present application is accordingly dismissed as withdrawn.
(Jitendra Kumar Sinha,J.)
October 1, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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