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Allahabad High Court

VISHAL KUMARversusSTATE OF U.P.

Decided

Holding

The court dismissed the bail application as withdrawn with liberty to file a fresh application.

Summary

The applicant, Vishal Kumar, filed a criminal miscellaneous bail application before the High Court of Judicature at Allahabad. Counsel for the applicant, Saurabh Kumar Pandey, subsequently prayed for withdrawal of the application, seeking liberty to file a fresh application under Section 389(2) Cr.P.C. or Section 430(2) Cr.P.C. The court considered the request and, finding no objection, allowed the withdrawal. Consequently, the bail application was dismissed as withdrawn with liberty to file a new application. The certified copy of any documents was ordered to be returned to the applicant's counsel.

Issues considered

  • Whether the bail application should be entertained or allowed to be withdrawn

Subjects

  • bail
  • criminal procedure
  • withdrawal of application
  • Section 389(2) CrPC
  • Section 430(2) CrPC

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 14520 of 2026

                                    Vishal Kumar
                                                                                                  .....Applicant(s)
                                                                        Versus

                                    State of U.P.
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                  :    Saurabh Kumar Pandey
                                    Counsel for Opposite Party(s)             :    G.A.

                                    Court No. - 64
                                                          HON'BLE VIVEK VARMA, J.

                                    At the outset, Sri Saurabh Kumar Pandey, learned counsel for the applicant
                                    prays for withdrawal of the present application with liberty to file an
                                    appropriate application under Section 389(2) Cr.P.C./430(2) BNSS.

                                    Accordingly, the application is dismissed as withdrawn with liberty as
                                    prayed for.

                                    Let the certified copy of the documents, if any, be returned to the counsel for
                                    the applicant as per the Rules of the Court.



                                                                                               (Vivek Varma,J.)
                                    May 7, 2026
                                    Lbm/-




Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad


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