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Allahabad High Court

SHAMIMversusSTATE OF U.P.

Decided

Holding

The bail application is dismissed as withdrawn, with liberty to the applicant to file a fresh bail application before the concerned court.

Summary

Shamim applied for bail in a criminal case (Crime No. 352 of 2026) originally charged under Section 103(1) of the Indian Penal Code. The trial court had already dismissed his earlier bail application for that offence, and a charge‑sheet had subsequently been filed. In the meantime, Shamim was also charged and detained under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The applicant sought to withdraw the present bail application, requesting liberty to file a fresh application, and both the AGA and the informant’s counsel raised no objection. The High Court accepted the withdrawal, dismissed the bail application, and allowed the applicant to file a fresh bail petition later. The court ordered the return of the certified copy of the application to the applicant’s counsel.

Issues considered

  • Whether a bail application can be entertained when the applicant is already in custody for an offence under the SC/ST Act and a charge‑sheet has been filed for the original offence.
  • Whether the bail application can be treated as withdrawn with liberty to file a fresh application.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 103 IPC
  • SC/ST Act
  • withdrawal of bail application
  • high court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                              CRIMINAL MISC. BAIL APPLICATION No. - 34132 of 2026

                                    Shamim
                                                                                                             .....Applicant(s)
                                                                             Versus
                                    State of U.P.
                                                                                                        .....Opposite Party(s)

                                    Counsel for Applicant(s)                          :   Rajeev Tiwari
                                    Counsel for Opposite Party(s)                     :   G.A., Maohammd Nadeem

                                    Court No. - 65
                                                                HON'BLE SAMEER JAIN, J.

                                    1. Supplementary affidavit filed by the applicant is taken on record.

                                    2. Sri Anurag Dubey, learned Advocate holding brief of Sri Rajeev Tiwari, learned
                                    counsel for the applicant, Sri Mohammad Nadeem, learned counsel for informant and
                                    Dr. S.B. Maurya, learned AGA-I for the State are present.

                                    3. The instant bail application has been filed seeking release of the applicant on bail in
                                    Case Crime No. 352 of 2026, under Sections 103(1) BNS, Police Station Kannauj,
                                    District Kannauj during pendency of the trial.

                                    4. At the very outset, learned counsel for applicant submits, however, court concerned
                                    dismissed the bail application of the applicant for offence relating to Section 103(1)
                                    BNS but in the meantime, charge-sheet has been filed and applicant has also been
                                    challaned for the offence relating to SC/ST Act and therefore at present applicant is
                                    also in custody for the offence relating to SC/ST Act, therefore, instant bail
                                    application may be dismissed as withdrawn with liberty to the applicant to file a fresh
                                    bail application before the court concerned.

                                    5. Learned AGA as well as learned counsel for informant are having no objection.

                                    6. Considering the submissions made by learned counsel for applicant, the instant bail
                                    application stands dismissed as withdrawn with liberty as prayed.

                                    7. Office is directed to return the certified copy, if any, to the learned counsel for
                                    applicant within three days after retaining the xerox copy of the same on record.

                                    October 1, 2026
                                    AK Pandey
                                                                                                            (Sameer Jain,J.)




Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad


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