Allahabad High Court
JITENDRAversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The anticipatory bail application was dismissed as withdrawn, with liberty granted to the applicant to move a regular bail application within thirty days.
Summary
The applicant, Jitendra, filed an anticipatory bail application under Section 482 of the BNSS in a criminal case involving alleged offences under Sections 117(1), 126(2), 110, 191(3), 191(2) and 190 of the IPC. While the application was pending, the applicant’s counsel sought to withdraw the anticipatory bail petition and instead move a regular bail application before the trial court, requesting that his liberty be protected until the new bail application is decided. The High Court examined the request and dismissed the anticipatory bail petition as withdrawn, but granted the applicant liberty to file a bail application within thirty days. The court further ordered that the applicant not be arrested during this thirty‑day period. Certified copies of the relevant documents were to be provided to the applicant upon production of photocopies.
Issues considered
- Whether an anticipatory bail application under Section 482 can be withdrawn and the applicant be granted liberty to file a regular bail application before the trial court.
Legislation cited
- BNSS — s. 482
- Indian Penal Code — s. 110, 117(1), 126(2), 190, 191(2), 191(3)
Subjects
- anticipatory bail
- Section 482
- withdrawal of application
- liberty protection
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3605 of 2026
Jitendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Kumar Shukla, Aklesh
Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Abhishek Kumar Shukla, learned counsel for accused applicant
and learned A.G.A. for the State.
2. The present anticipatory bail application under Section 482 of BNSS
has been filed by the applicant with a prayer to release him on
anticipatory bail in Case Crime No. 46 of 2026, under Sections 117(1),
126(2), 110, 191(3), 191(2), 190 BNS, P.S.- Badalpur, District- Gautam
Buddha Nagar, during pendency of the trial.
3. Learned counsel for the applicant seeks to withdraw the application to
move the bail application before the trial court, but seeks protection of
liberty till the disposal of bail application.
4. The application is dismissed as withdrawn with the aforesaid liberty.
5. The applicant shall move the application for bail within a period of 30
days from the date of this order, during which period, the applicant shall not
be arrested.
6. The certified copies of the relevant documents be provided to the
applicant on production of photostat copies of it.
(Avnish Saxena,J.)
May 5, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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