Allahabad High Court
TAUSEEF RAZA @ ADILversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The anticipatory bail application was dismissed as not pressed, with liberty to the applicant to file a fresh application.
Summary
The applicant, Tauseef Raza @ Adil, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code (BNSS No. 10158 of 2026) before the Allahabad High Court. Counsel for the applicant argued that the application contained glaring procedural defects that could not be cured by amendment. The court examined the claim and found the defects to be fatal, rendering the application not pressed. Consequently, the court dismissed the anticipatory bail application, granting the applicant liberty to file a fresh application if desired. The court also directed the return of certified copies to the applicant's counsel after photocopying, in accordance with procedural rules.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be dismissed for procedural defects without allowing amendment
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- procedural defects
- application dismissal
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10158 of 2026
Tauseef Raza @ Adil
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. At the very outset, learned counsel for the applicant submits that there
are some glaring defects in the application, which cannot be rectified by
way of amendment application. Therefore, present application be
dismissed as not pressed with liberty to the applicant to file fresh
application.
2. Accordingly, present application is dismissed as not pressed with
liberty aforesaid.
3. Office is directed to return certified copies to learned counsel for the
applicant after obtaining photocopies of the same as per rules.
(Vivek Kumar Singh,J.)
September 29, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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