Allahabad High Court
SMT. URMILAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court allowed the withdrawal of the anticipatory bail application and ordered that any regular bail application filed within three weeks be decided expeditiously, with a stay on coercive action during that period.
Summary
Smt. Urmila filed an anticipatory bail application under Sections 85, 80(2) of the B.N.S. Act and Sections 3/4 of the D.P. Act in a criminal case. She later requested to withdraw this application and instead seek regular bail before the trial court. The State, represented by the A.G., raised no objection to the withdrawal. The Allahabad High Court permitted the withdrawal, directing that if the applicant files a regular bail application within three weeks, it shall be heard and disposed of expeditiously, and that no coercive action be taken against her during that period. The court emphasized that no further time would be granted beyond the three‑week window and disposed of the anticipatory bail application.
Issues considered
- Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the court can direct a stay on coercive action pending the filing of a regular bail application.
Legislation cited
- B.N.S. Act — s. 80(2), 85
- Code of Criminal Procedure, 1973 — s. 482
- D.P. Act — s. 3, 4
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- stay of coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10023 of 2026
Smt. Urmila
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. appearing
for the State and perused the records.
2. The present application has been filed on behalf of the applicant in
Case Crime No. 126 of 2026, under Sections 85, 80(2) BNS and Section
3/4 of D.P. Act, Police Station Civil Lines, District Rampur with a prayer
to grant her anticipatory bail.
3. 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.
4. Learned AGA has no objection to the said prayer.
5. On the prayer made, it is provided that in case the applicant appears
before the concerned court and applies for bail within three weeks from
today, her application for bail shall be considered and disposed of
expeditiously in accordance with law.
6. For a period of three weeks 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.
NABAIL No. 10023 of 2026
2
7. It is made clear that no further time shall be granted to comply with this
order.
8. With these observations, the application is disposed of.
(Vivek Kumar Singh,J.)
September 24, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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