Allahabad High Court
GAYATRI DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty granted to file a regular bail application within 30 days.
Summary
Gayatri Devi filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case involving offences under Sections 384, 506 and 420 of the IPC. While seeking anticipatory bail, she later requested to withdraw the application and instead move a regular bail application before the trial court, asking for protection of liberty until that application is decided. The High Court dismissed the anticipatory bail application as withdrawn but granted her liberty to file a bail application within 30 days, during which she cannot be arrested. The court also directed that certified copies of relevant documents be provided upon production of photocopies. The order was pronounced on May 6, 2026.
Issues considered
- Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.
- Whether the applicant is entitled to liberty protection pending the filing of a regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 384, 420, 506
Subjects
- anticipatory bail
- Section 482
- Criminal Procedure Code
- IPC offences
- withdrawal of application
- liberty protection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4108 of 2026
Gayatri Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Sahu
Counsel for Opposite Party(s) : G.A., Rajesh Chandra Gupta
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Ravi Sahu, learned counsel for accused applicant, and Sri
Rajesh Chandra Gupta, learned counsel for the informant 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 her on anticipatory
bail in Case Crime No. 115 of 2021, under Sections 384, 506, 420 IPC,
P.S.- Ghatampur, District- Kanpur 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 The application is dismissed as withdrawn with the aforesaid liberty.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 6, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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