Allahabad High Court
UDAIVIR SINGH BAGHEL AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
An application under Section 528 CrPC may be withdrawn at the applicant’s request, and the court may allow the filing of a fresh application thereafter.
Summary
The applicants, Udaivir Singh Baghel and another, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. During the hearing, counsel for the applicants expressed a desire to withdraw the application, stating an intention to possibly file a fresh one with better particulars. The counsel for the opposite parties raised no objection to this request. The court, after noting the lack of objection, allowed the withdrawal and dismissed the application, granting liberty to file a fresh application if desired. Certified copies of the documents were ordered to be returned to the applicants' counsel. The order was pronounced on May 6, 2026.
Issues considered
- Whether an application filed under Section 528 CrPC may be withdrawn at the request of the applicant
- Whether the court may permit the applicant to file a fresh application after withdrawal
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- withdrawal of application
- bail
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 28924 of 2025
Udaivir Singh Baghel And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Yadav
Counsel for Opposite Party(s) : C.B.Dubey, G.A., Yogesh Kumar Singh
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. List revised.
2. Shri Manish Yadav, learned Counsel for the applicants, Shri Yogesh
Kumar Singh, learned Counsel for opposite party no.2 and Shri Umesh
Kumar, learned State Law Officer, on behalf of the State are present.
3. Learned Counsel for the applicants has prayed that he does not want to
press this application and wants to withdraw it, with the liberty to file fresh
with better particulars before the appropriate bench.
4. Learned AGA has no objection to the aforesaid prayer made by learned
counsel for the applicants.
5. In view of the above, the instant application is dismissed as withdrawn,
with liberty to file fresh.
6. Certified copies of the documents be returned to learned Counsel for the
applicant, as per rules.
May 6, 2026
AdityaG
(Sanjiv Kumar,J.)
Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad
Checking your session…