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Allahabad High Court

ANIL KUMARversusSTATE OF UP AND ANOTHER

Decided

Holding

The application is dismissed as withdrawn, with liberty to file a fresh application.

Summary

Anil Kumar filed an application under Section 528 of the Criminal Procedure Code seeking bail. The applicant's counsel later discovered a clerical mistake and requested to withdraw the application, seeking liberty to file a fresh one with correct particulars. The State, represented by an AGA, raised no objection to the withdrawal. The High Court, after noting the consent of both parties, dismissed the pending application as withdrawn and granted liberty to re‑file. Certified copies of the documents were ordered to be returned to the applicant's counsel.

Issues considered

  • Can an application under Section 528 be withdrawn by the applicant with the court's permission?

Legislation cited

Subjects

  • Section 528
  • bail
  • withdrawal of application
  • procedural
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 8110 of 2026

                                    Anil Kumar
                                                                                                .....Applicant(s)
                                                                      Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Aditi Srivastava, Kandarp Srivastava,
                                                                    Pawan Kumar
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 83
                                                         HON'BLE SANJIV KUMAR, J.

                                    1. Shri Kandarp Srivastava, learned Counsel for the applicant and learned
                                    A.G.A on behalf of the State are present.

                                    2. Shri Kandarp Srivastava, Advocate has filed vakalatnama on behalf of
                                    applicant, is kept on record.

                                    3. Learned Counsel for the applicant has prayed that due to some clerical
                                    mistake he does not want to press this application and wants to withdraw it,
                                    with the liberty to file fresh with better particulars and details.

                                    4. Learned AGA has no objection to the aforesaid prayer made by learned
                                    counsel for the applicant.

                                    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.

                                    April 1, 2026
                                    AdityaG
                                                                                            (Sanjiv Kumar,J.)




Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad


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