Allahabad High Court
AKSHAT @ AKSHAT KUSHWAHA @ AKSHAT DversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court allowed the withdrawal of the anticipatory bail application and directed that a regular bail application filed within fifteen days be considered expeditiously, with a stay on any coercive action.
Summary
The applicant, Akshat Kushwaha, was implicated in a criminal case (Crime No. 761 of 2025) under Sections 8, 20, 22 and 60 of the NDPS Act. He initially filed an anticipatory bail application under Section 482 of the CrPC. Subsequently, he sought to withdraw that application and instead file a regular bail application, requesting the court to decide it expeditiously. The State's Additional Government Advocate raised no objection to this request. The court ordered that if the applicant appears before the concerned court and files a bail application within fifteen days, it will be considered and disposed of promptly, and no coercive action will be taken against him during that period. The anticipatory bail application was therefore disposed of.
Issues considered
- Whether an anticipatory bail application can be withdrawn and a regular bail application filed in its place
- Whether the court can direct expeditious consideration of a regular bail application and stay coercive action pending such filing
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 60, 8
Subjects
- anticipatory bail
- regular bail
- NDPS Act
- Criminal Procedure Code
- expeditious disposal
- withdrawal of bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10239 of 2026
Akshat @ Akshat Kushwaha @ Akshat D
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anshul Kumar Gupta, Indra Jit Singh,
Sr. Advocate
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. 761 of 2025, under Sections 8, 20, 22, 60 of N.D.P.S.
Act, Police Station Chakeri, District Kanpur Nagar, 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.
NABAIL No. 10239 of 2026
2
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 30, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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