Allahabad High Court
KRISHNversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the anticipatory bail application may be withdrawn, granting the applicant liberty from arrest for 30 days to file a regular bail petition.
Summary
The accused filed an anticipatory bail application under Section 482 of the BNSS in connection with multiple charges including Sections 191, 190, 61, 109, 130, 115, 352, 351, 324, 110 of the BNSS and Section 7 of the Criminal Law Amendment Act. During the hearing, the applicant’s counsel sought to withdraw the anticipatory bail petition and instead pursue a regular bail application before the trial court, while requesting protection of liberty until that application is decided. The court considered the request and allowed the withdrawal of the anticipatory bail application, granting the applicant liberty from arrest for 30 days to file a regular bail petition. The court ordered that the applicant not be arrested during this period and that certified copies of relevant documents be provided upon production of photocopies. The order was pronounced on May 5, 2026.
Issues considered
- Whether the anticipatory bail application under Section 482 can be withdrawn and the applicant be protected from arrest pending a regular bail application.
Legislation cited
- BNSS — s. 109, 110, 115(2), 130, 190, 191(2), 191(3), 324(2), 351(2), 352, 482, 61(2)
- Criminal Law Amendment Act — s. 7
Subjects
- anticipatory bail
- Section 482
- withdrawal of application
- liberty protection
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3642 of 2026
Krishn
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bipin, Ray Sahab Yadav
Counsel for Opposite Party(s) : G.A., Vishakha Pande
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Sri Bipin Shukla, learned counsel for accused applicant hands up
supplementary affidavit explaining the criminal history of applicant. The
same is taken on record.
2. Heard Sri Shukla, Ms. Vishakha Pandey, learned counsel for informant
and learned A.G.A. for the State.
3. 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. 40 of 2026, under Sections 191(2),
191(3), 190, 61(2), 109, 130, 115(2), 352, 351(2), 324(2), 110 BNS and
Section 7 Criminal Law Amendment Act, P.S.- Dadri, District- Gautam
Budha Nagar, during pendency of the trial.
4. After some argument, 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.
5. The application is dismissed as withdrawn with the aforesaid liberty.
6. 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
NABAIL No. 3642 of 2026
2
be arrested.
7. The certified copies of the relevant documents be provided to the
applicant on production of photostat copies of it.
May 5, 2026
Sharad/-
(Avnish Saxena,J.)
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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