Allahabad High Court
VIMALversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court disposed of the anticipatory bail application, permitting its withdrawal and directing that a regular bail application filed within fifteen days be considered expeditiously, with no coercive action during that period.
Summary
Vimal, the applicant, filed an anticipatory bail application in a criminal case (Crime No. 189 of 2026) under Sections 64(1) and 351(3) of the B.N.S. and Sections 3 and 4 of the POCSO Act. The State argued that the investigation had been converted under Section 70(2) of the B.N.S., rendering the anticipatory bail petition non‑maintainable. The applicant then sought to withdraw the anticipatory bail petition and instead file a regular bail application, requesting the court to decide it expeditiously. The court accepted the withdrawal, directed that if the applicant appears before the concerned court within fifteen days his regular bail application will be considered promptly, and ordered that no coercive action be taken against him for fifteen days. The anticipatory bail application was consequently disposed of.
Issues considered
- Whether an anticipatory bail application is maintainable when the investigation has been converted under Section 70(2) of the B.N.S.
- Whether the applicant may withdraw the anticipatory bail application and seek regular bail.
- Whether the court can order a period of no coercive action pending the regular bail application.
Legislation cited
Subjects
- anticipatory bail
- regular bail
- Section 70(2) conversion
- coercive action
- criminal procedure
- POCSO Act
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10123 of 2026
Vimal
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Bhatt, Vijay Kumar
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. 189 of 2026, under Sections 64(1), 351(3) of BNS and
Section 3/4 of POCSO Act, Police Station Dannahar, District Mainpuri,
with a prayer to grant him anticipatory bail.
3. At the very outset, learned A.G.A. submits that the investigation
against the present applicant has been converted under Section 70(2) of
B.N.S., on 13.09.2026, therefore, the present anticipatory bail application
is not maintainable.
4. At this stage, 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. 10123 of 2026
2
7. However, For a period of fifteen days from today, no coercive action
shall be taken against the applicant herein in pursuance of aforesaid case.
8. With these observations, the application is disposed of.
9. 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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