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Allahabad High Court

YOGESH AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as not pressed, with liberty to file a fresh application.

Summary

The applicants, Yogesh and another, filed an application under Section 528 of the Criminal Procedure Code seeking bail. Their counsel, Shubham Yadav, informed the court that he did not wish to press the application and requested its dismissal, while seeking liberty to file a fresh application later. The court accepted this statement and dismissed the application as not pressed, granting the applicants permission to file a fresh application if they choose. The order was recorded in the presence of the learned Additional Government Advocate for the State. No substantive merits of the bail application were considered.

Issues considered

  • Whether an application under Section 528 can be dismissed as not pressed when the applicant's counsel withdraws it.

Legislation cited

Subjects

  • bail
  • Section 528
  • withdrawal of application
  • High Court of Allahabad
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 1950 of 2026

                                    Yogesh And Another
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                                :     Subham
                                    Counsel for Opposite Party(s)                           :     G.A.

                                    Court No. - 81
                                                       HON'BLE MADAN PAL SINGH, J.

                                    1. Sri Shubham Yadav, learned counsel for the applicants, states that he does
                                    not wish to press the present application and, therefore, prays that the same
                                    be dismissed as not pressed with the liberty to file fresh application.

                                    2. In view of the statement made by learned counsel for the applicant, the
                                    present application is dismissed as not pressed with the aforesaid liberty.

                                    3. This order has been passed in the presence of learned AGA for the State.

                                    September 8, 2026
                                    Akbar
                                                                                          (Madan Pal Singh,J.)




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad


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