Allahabad High Court
X JUVENILEversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application is disposed of, allowing withdrawal and directing a stay on coercive action while the applicant files a regular bail application within four weeks.
Summary
The juvenile applicant filed an anticipatory bail application under Section 482 of the CrPC in BNSS No. 10363 of 2026. After hearing, the applicant’s counsel requested permission to withdraw the anticipatory bail application and instead file a regular bail application in Crime No. 138 of 2026. The learned Additional Government Advocate did not oppose the request. The Court directed that the applicant must appear before the concerned court within four weeks to file the regular bail application and that the bail application be considered expeditiously, without prejudice from the anticipatory bail rejection. Additionally, the Court ordered a stay on any coercive action against the applicant for four weeks and disposed of the anticipatory bail application.
Issues considered
- Whether the anticipatory bail application may be withdrawn and replaced by a regular bail application
- Whether the Court can direct a stay on coercive action pending regular bail application
- Effect of the Court’s direction on the consideration of the regular bail application
Legislation cited
- B.N.S., 2023 — s. 351(2), 351(3)
- Code of Criminal Procedure, 1973 — s. 109(1), 117(2), 131, 482, 76
Subjects
- anticipatory bail
- regular bail
- withdrawal of application
- stay of coercive action
- Criminal Procedure Code
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10363 of 2026
X Juvenile
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Indra Deo Mishra, Praveen Kumar
Shukla, Premshankar Shukla
Counsel for Opposite Party(s) : Ashish Singh, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, the Learned counsel for the applicant prays that
he may be permitted to withdraw this application with liberty to move a
regular bail application before the concerned Court and till such time, his
interest may be protected.
2. The Learned A.G.A. has no objection to the said prayer.
3. Taking into account the submissions made by the Learned counsels for
the parties, it is provided that in case the applicant appears before the
concerned Court within a period of four weeks from today and applies for
regular bail in Case Crime No.138 of 2026, under Sections 109(1), 76,
131, 117(2), 351(2), 351(3) B.N.S. 2023, P.S.- Kharkhauda, District-
Meerut, his application for bail may be considered expeditiously, in
accordance with the law, without being influenced by any observations
made by the concerned Court, while rejecting the anticipatory bail
application of the applicant.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicant in the above-mentioned case.
5. The application stands disposed of.
(Rajiv Lochan Shukla,J.)
October 1, 2026/Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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