Allahabad High Court
VIPINversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court allowed the withdrawal of the anticipatory bail application, directed that a regular bail application filed within fifteen days be heard expeditiously, and stayed any coercive action against the applicant during that period.
Summary
The applicant, Vipin, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 603 of 2026) alleging offences under Sections 103(1) and 3(5) of the BNS Act. After hearing, the applicant sought to withdraw the anticipatory bail application and instead file a regular bail application before the trial court. The State’s Additional Government Advocate did not oppose this request. The High Court permitted the withdrawal, directed that if the applicant files a regular bail application within fifteen days it shall be heard and disposed of expeditiously, and ordered that no coercive action be taken against the applicant during that period. The anticipatory bail application was consequently disposed of with a clear instruction that no further time would be granted to comply with the order.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be withdrawn by the applicant.
- Whether the court can direct expeditious consideration of a regular bail application filed within a specified period.
- Whether a stay on coercive action can be ordered pending the filing of a regular bail application.
Legislation cited
- BNS Act — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- withdrawal of application
- expeditious disposal
- coercive action stay
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10340 of 2026
Vipin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Ranjan Shukla, Ramesh
Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. appearing for
the State and perused the records.
3. The present application has been filed on behalf of the applicant in
Case Crime No. 603 of 2026, under Sections 103(1), 3(5) of BNS, Police
Station Indirapuram, District Ghaziabad, with a prayer to grant him
anticipatory bail.
4. 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.
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.
7. However, For a period of fifteen days from today, no coercive action
NABAIL No. 10340 of 2026
2
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.)
October 1, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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