Allahabad High Court
RAHUL SAXENAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court held that the anticipatory bail application may be withdrawn, and the applicant is entitled to liberty from arrest for 30 days to file a regular bail application.
Summary
The applicant, Rahul Saxena, filed an anticipatory bail application under Section 482 of the BNSS in a criminal case (Crime No. 328 of 2025) involving offences under Sections 191(2), 109(1), 308(5), 352 and 351(3) of the Indian Penal Code. 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 protection of liberty until that application is decided. The High Court considered the request and allowed the withdrawal of the anticipatory bail application, granting the applicant liberty not to be arrested for 30 days to file the regular bail petition. The court ordered that the applicant must file the bail application within 30 days of the order and that no arrest may be made during this period. Certified copies of relevant documents were to be provided to the applicant upon production of photocopies.
Issues considered
- Whether the anticipatory bail application under Section 482 can be withdrawn and the applicant can seek liberty pending a regular bail application.
Legislation cited
- BNSS — s. 482
- Indian Penal Code — s. 109(1), 191(2), 308(5), 351(3), 352
Subjects
- anticipatory bail
- Section 482
- withdrawal of application
- regular bail
- liberty
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 3844 of 2026
Rahul Saxena
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Kumar Pushkar
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Upendra Kumar Pushkar, 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.328 of 2025, under Section 191(2),109(1), 308(5), 352,
351(3 ) BNS, P.S.- Kotwali Nagar, District- Aligarh, 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.
April 23, 2026
Abhishek Sri.
(Avnish Saxena,J.)
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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