Allahabad High Court
VIRENDRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court permitted the withdrawal of the anticipatory bail application, directed the regular bail application to be heard within fifteen days, and stayed any coercive action against the applicant during that period.
Summary
The applicant filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 323 of 2026) involving sections 281, 125(A), 125(B) and 105(1) of the BNS. The applicant later sought to withdraw the anticipatory bail application and instead file a regular bail application before the concerned court, requesting an expeditious decision. The State's counsel did not oppose this request. The High Court allowed the withdrawal, directed that the regular bail application be considered within fifteen days, and ordered that no coercive action be taken against the applicant during that period. The court further clarified that no additional time would be granted beyond the stipulated fifteen days, and the anticipatory bail application was disposed of.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be withdrawn and replaced by a regular bail application.
- Whether the court can direct an expeditious consideration of a regular bail application.
- Whether a stay of coercive action can be ordered pending the regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- coercive action stay
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10263 of 2026
Virendra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Tiwari
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. 323 of 2026, under Sections 281, 125(A), 125(B), 105(1)
of BNS, Police Station Jalalpur, District Jaunpur, 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. 10263 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 30, 2026
Nitendra
Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad
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