Allahabad High Court
FURKANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court permitted the withdrawal of the anticipatory bail application and directed expeditious consideration of a regular bail application, with a protective order against coercive action for fifteen days.
Summary
The applicant, Furkan, filed an anticipatory bail application under Section 482 CrPC in a criminal case (Crime No. 258 of 2026). He later sought to withdraw this application and instead file a regular bail application before the trial court. The State had no objection to the withdrawal. The High Court allowed the withdrawal, directed that the applicant may file a regular bail application within fifteen days, and ordered that no coercive action be taken against him during that period. The court further ordered that the regular bail application be decided expeditiously and that no further time would be granted beyond the stipulated period. The anticipatory bail application was consequently disposed of.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be withdrawn by the applicant.
- Whether the court can direct the filing and speedy disposal of a regular bail application in lieu of the anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 103(1), 190, 191(2), 3(5), 482
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action
- bail application
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10017 of 2026
Furkan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Farooque Ansari
Counsel for Opposite Party(s) : G.A., Nikhil Kumar Yadav, Vagish
Yadav
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Sri Mohammad Farooque Ansari, learned counsel for the
applicant, Sri Nikhil Kumar Yadav, learned counsel appearing for the
inforamnt and learned A.G.A. appearing for the State and perused the
records.
2. Supplementary affidavit filed today is taken on record.
3. The present application has been filed on behalf of the applicant in
Case Crime No. 258 of 2026, under Sections 191(2), 190, 103(1), 3(5)
BNS, Police Station Quarsi, District Aligarh with a prayer to grant him
anticipatory bail.
4. After some arguments, learned counsel for the applicant prays that he
may be permitted to withdraw this application and move an appropriate
application seeking regular bail before the concerned Court. He prays that
a direction may be given to the concerned Court to decide the bail
application expeditiously.
5. Learned AGA has no objection to the said prayer.
6. On the prayer made, it is provided that in case the applicant appears
before the concerned court and applies for bail within fifteen days from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law.
NABAIL No. 10017 of 2026
2
7. For a period of fifteen days from today or till filing of regular bail
application, whichever is earlier, no coercive action shall be taken against
the applicant in the aforesaid case.
8. It is made clear that no further time shall be granted to comply with this
order.
9. With these observations, the application is disposed of.
(Vivek Kumar Singh,J.)
October 1, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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