Allahabad High Court
MUKESH CHAUHAN AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- AVNISH SAXENA
Holding
The High Court dismissed the anticipatory bail application as withdrawn, granting the applicants liberty to re‑file within 30 days.
Summary
The applicants, Mukesh Chauhan and three others, filed an anticipatory bail application under Section 482 of the BNSS in a criminal case involving multiple offences. The High Court noted that the applicants had not approached the Sessions Court for anticipatory bail and sought to withdraw the application while requesting protection of liberty until they could re‑file. The Court dismissed the application as withdrawn, but directed the applicants to move a fresh anticipatory bail application before the trial court within 30 days and assured that they would not be arrested during that period. Certified copies of relevant documents were to be provided to the applicants. The order was pronounced by Justice Avnish Saxena on May 6, 2026.
Issues considered
- Can an anticipatory bail application be withdrawn and the applicants be granted liberty pending a fresh application before the trial court?
- Does the High Court have the authority to dismiss the anticipatory bail application as withdrawn?
Legislation cited
- BNSS — s. 109(1), 110, 115(2), 121(2), 132, 189(4), 191(2), 191(3), 352, 482
- Criminal Law Amendment Act — s. 7
Subjects
- anticipatory bail
- Section 482
- withdrawal
- liberty
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3594 of 2026
Mukesh Chauhan And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Girja Shanker Mishra, Pratiksha Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Ms. Pratiksha Rai, learned counsel for the applicants hands up the
supplementary affidavit annexing the injury report. The same is taken on
record.
2. Heard Ms. Rai, learned counsel for accused-applicants and learned
A.G.A. for the State.
3. The present anticipatory bail application under Section 482 of BNSS
has been filed by the applicants with a prayer to release them on
anticipatory bail in Case Crime No. 144 of 2026, under Sections 110,
109(1), 132, 121(2), 352, 115(2), 189(4), 191(3), 191(2) BNS and 7
Criminal Law Amendment Act, P.S.- Ali Nagar, District- Chandauli,
during pendency of the trial.
4. It is reflected that the applicants have not approached the sessions court
for anticipatory bail application. Hence, learned counsel for the applicants
seeks to withdraw the application to move the anticipatory bail through
counsel before the trial court, but seeks protection of liberty till the
disposal of anticipatory bail application.
5. The application is dismissed as withdrawn with the aforesaid liberty.
6. The applicants shall move the application for anticipatory bail through
counsel within a period of 30 days from the date of this order, during
which period, the applicants shall not be arrested.
NABAIL No. 3594 of 2026
2
7. The certified copies of the relevant documents be provided to the
applicants on production of photostat copies of it.
(Avnish Saxena,J.)
May 6, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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