Allahabad High Court
PRIYANSHU SHARMAversusSTATE OF U.P.
- 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 fifteen days be considered expeditiously, with a stay on coercive action during that period.
Summary
The applicant, Priyanshu Sharma, filed an anticipatory bail application under sections 111(2)(B), 318(2), 319(2) of the B.N.S. and section 66D of the IT Act in a criminal case. He later sought to withdraw the anticipatory bail application and instead file a regular bail application before the trial court. The State's Advocate General raised no objection to the withdrawal. The High Court permitted the withdrawal, directing that if the applicant files a regular bail application within fifteen days, it shall be considered and disposed of expeditiously, and that no coercive action be taken against him during that period. The anticipatory bail application was therefore disposed of with a clear order that no further time will be granted to comply with the order.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the applicant
- Whether the court can direct expeditious consideration of a regular bail application filed within a specified period
- Whether a stay on coercive action can be ordered pending the filing of a regular bail application
Legislation cited
- B.N.S. — s. 111(2)(B), 318(2), 319(2)
- Information Technology Act — s. 66D
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- coercive action stay
- expeditious disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10092 of 2026
Priyanshu Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghubir Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant, 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. 191 of 2026, under Sections 111(2)(B), 318(2), 319(2) of
B.N.S. and Section 66D of I.T. Act, Police Station Sadar, District Agra,
with a prayer to grant him 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 fifteen days from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law.
6. However, For a period of fifteen days from today, no coercive action
shall be taken against the applicant herein in pursuance of aforesaid case.
7. With these observations, the application is disposed of.
NABAIL No. 10092 of 2026
2
8. It is made clear that no further time shall be granted to comply with this
order.
(Vivek Kumar Singh,J.)
September 28, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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