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Allahabad High Court

SHUBHAM MAHESHWARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The bail application was dismissed as withdrawn because the petitioner had already been released following the grant of the habeas corpus petition.

Summary

Shubham Maheshwari filed a criminal miscellaneous bail application before the Allahabad High Court. While the bail application was pending, he filed Habeas Corpus Writ Petition No. 412 of 2026, which the Court allowed, resulting in his release from custody. The applicant’s counsel then moved that the bail application had become infructuous and sought its withdrawal. The respondent’s counsel raised no objection to the withdrawal. The Court allowed the withdrawal application and dismissed the bail application as withdrawn.

Issues considered

  • Whether a bail application can be withdrawn after the petitioner has been released on account of a granted habeas corpus petition?

Subjects

  • bail
  • withdrawal
  • habeas corpus
  • criminal procedure
  • release
  • High Court
  • Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 2964 of 2026

                                    Shubham Maheshwari
                                                                                                .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)      : Avadh Raj Sharma, Ayank Mishra,
                                                                    Gaurav Kumar Srivastava
                                    Counsel for Opposite Party(s) : G.A., Krishna Agarawal

                                    Court No. - 93
                                                          HON'BLE SANTOSH RAI, J.

                                    Order on Withdrawal Application No.5 of 2026

                                    1. Heard Shri Shiv Karan Verma, Advocate holding brief of Shri Ayank
                                    Mishra, learned counsel for the applicant and Shri Shikhar Khare,
                                    Advocate holding brief of Shri Krishna Agarawal, learned counsel for
                                    respondent no.2.

                                    2. Learned counsel for the applicant states that the instant bail application
                                    has become infructuous as the Heabeas Corpus Writ Petition No.412 of
                                    2026 filed by the applicant herein has been allowed by this court and the
                                    applicant has already been released. He, therefore, prays for withdrawal
                                    of the instant bail application.

                                    3. Learned counsel for respondent no.2 has no objection to the same.

                                    4. Accordingly, the withdrawal application is allowed.

                                    5. Consequently, instant bail application is dismissed as withdrawn.



                                                                                               (Santosh Rai,J.)
                                    September 9, 2026
                                    Ankit.




Digitally signed by :-
ANKIT VISHWAKARMA
High Court of Judicature at Allahabad


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