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Allahabad High Court

PRASHANT KUMARversusSTATE OF U.P.

Decided

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  • Whether a bail application can be withdrawn and a fresh application filed when the POCSO Act is invoked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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