Allahabad High Court
HARIKISHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court rejected the anticipatory bail application, allowed its withdrawal, and directed the applicant to file a regular bail application within four weeks, with a stay on any coercive action.
Summary
The applicant, Harikishan, filed an anticipatory bail application under Section 482 of the CrPC in connection with a criminal case (Crime No. 72 of 2026) involving IPC offences. The applicant sought to withdraw the anticipatory bail application and instead file a regular bail application, requesting protection from any coercive action in the meantime. Both parties' counsel agreed to the withdrawal. The court permitted the withdrawal, directed the applicant to appear before the concerned court within four weeks to file a regular bail application, and ordered that no coercive action be taken against him during that period. The anticipatory bail application was thus rejected, and the matter was disposed of.
Issues considered
- Whether the anticipatory bail application under Section 482 CrPC should be granted.
- Whether the applicant may withdraw the anticipatory bail application and seek regular bail.
- Whether the applicant is entitled to protection from coercive action pending regular bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109(1), 115(2), 191(2), 351(3), 352
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- coercive action
- withdrawal of application
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10015 of 2026
Harikishan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj Srivastava, Sandeep Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, the Learned counsel for the applicant prays that
he may be permitted to withdraw this application with liberty to move a
regular bail application before the concerned Court and till such time, his
interest may be protected.
2. The Learned A.G.A. has no objection to the said prayer.
3. Taking into account the submissions made by the Learned counsels for
the parties, it is provided that in case the applicant appears before the
concerned Court within a period of four weeks from today and applies for
regular bail in Case Crime No.72 of 2026, under Sections 191(2), 109(1),
115(2), 352, 351(3) BNS, P.S.- Mahuadeeh, District- Deoira his
application for bail may be considered expeditiously, in accordance with
the law, without being influenced by any observations made by the
concerned Court, while rejecting the anticipatory bail application of the
applicant.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicant in the above-mentioned case.
5. The application stands disposed of.
(Rajiv Lochan Shukla,J.)
October 1, 2026/Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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