Allahabad High Court
PRASHANT KUMARversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application was dismissed as not pressed, with liberty granted to file a fresh application.
Summary
Prashant Kumar filed a criminal miscellaneous bail application before the Allahabad High Court. His counsel, Surendra Singh, sought to withdraw the application, stating that the provisions of the Protection of Children from Sexual Offences (POCSO) Act had been initiated and a fresh bail application would be filed. The Court, after considering the request, dismissed the bail application on the ground that it was not pressed, but granted liberty to file a fresh application. The Court also ordered that the certified copies of the documents be returned to the applicant's counsel upon submission of photocopies. The judgment was delivered by Justice Avnish Saxena on 23 September 2026.
Issues considered
- Whether a bail application can be withdrawn and a fresh application filed when the POCSO Act is invoked
Legislation cited
Subjects
- bail
- withdrawal
- POCSO Act
- criminal procedure
- fresh application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34036 of 2026
Prashant Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Surendra Singh, learned counsel for the applicant seeks to withdraw
the application with liberty to file fresh as the provisions of POCSO Act
is initiated.
2. Accordingly, the bail application is dismissed as not pressed with
liberty as prayed.
3. The certified copies of the document be returned to learned counsel for
the applicant on his supplying photocopies of the same.
(Avnish Saxena,J.)
September 23, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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