Allahabad High Court
VIKAS AND 2 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court allowed the withdrawal of the anticipatory bail application, stayed coercive action for four weeks, and directed that any regular bail application filed within that period be decided expeditiously.
Summary
The applicants filed an anticipatory bail application under Section 482 CrPC in a case involving offences under Sections 352, 351(3) of the B.N.S. Act and Sections 3 and 4 of the D.P. Act. After hearing, the applicants sought to withdraw the anticipatory bail application and instead file a regular bail application before the trial court. The State and the informant’s counsel did not oppose this request. The High Court permitted the withdrawal, ordered that no coercive action be taken against the applicants for four weeks, and directed that any regular bail application filed within that period be decided expeditiously, citing Satender Kumar Antil v. CBI. The anticipatory bail application was consequently disposed of.
Issues considered
- Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the court can direct a stay of coercive action pending a regular bail application.
- Whether the court may prescribe a time‑bound period for filing and deciding a regular bail application.
Legislation cited
- B.N.S. Act — s. 351(3), 352
- D.P. Act — s. 3, 4
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- stay of coercive action
- criminal procedure
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10154 of 2026
Vikas And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saroja Harijan, Vijay Kumar Tiwari
Counsel for Opposite Party(s) : G.A., Ravindra Singh
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Sri Vijay Kumar Tiwari, learned counsel for the applicants, Sri
Ravindra Singh, learned counsel for the informant, learned A.G.A. appearing
for the State and perused the records.
2. The present application has been filed on behalf of the applicants in Case
Crime No.91 of 2026, under Sections 352, 351(3) of B.N.S. & 3/4 of D.P.
Act, Police Station Dhanari, District Sambhal, with a prayer to grant them
anticipatory bail.
3. After some arguments, learned counsel for the applicants 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 and learned counsel for the informant have no objection to
the said prayer.
5. On the prayer made, it is provided that in case the applicants appear
before the concerned court and apply for bail within four weeks from today,
their application for bail shall be considered and disposed of expeditiously in
accordance with law laid down in the case of Satender Kumar Antil Vs.
Central Bureau of Investigation and another (2022 SCC OnLine SC
825).
NABAIL No. 10154 of 2026
2
6. However, for a period of four weeks from today, no coercive action shall
be taken against the applicants herein in pursuance of aforesaid case.
7. With these observations, the application is disposed of.
8. It is made clear that no further time shall be granted to comply with this
order.
(Vivek Kumar Singh,J.)
September 29, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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