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Allahabad High Court

DAUJI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application is dismissed as withdrawn, with liberty granted to move a regular bail application within 30 days.

Summary

The accused filed an anticipatory bail application under Section 482 of the BNSS in Crime No. 180 of 2026, invoking Sections 115(2), 351(2) and 76 of the BNS. After hearing, the applicants sought to withdraw the anticipatory bail petition and instead file a regular bail application before the trial court, while requesting protection of liberty until that application is decided. The Court accepted the withdrawal of the anticipatory bail petition and granted the applicants liberty to move a bail application within thirty days, ordering that they not be arrested during that period. The Court also directed that certified copies of relevant documents be provided upon production of photocopies. Consequently, the anticipatory bail application was dismissed as withdrawn, with liberty to seek bail later.

Issues considered

  • Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.
  • Whether the court can grant liberty to the applicant to avoid arrest pending a regular bail application.

Legislation cited

  • BNSS — s. 115(2), 351(2), 482, 76

Subjects

  • anticipatory bail
  • Section 482
  • withdrawal of application
  • liberty
  • bail
  • criminal procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 4128 of 2026

                                    Dauji And Another
                                                                                                     .....Applicant(s)
                                                                          Versus

                                    State of U.P. and Another
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                    Counsel for Applicant(s)      : Gaya Prasad Mishra
                                    Counsel for Opposite Party(s) : Amit Kumar Singh, G.A., Mahesh
                                                                    Kumar Kuntal

                                    Court No. - 71
                                                          HON'BLE AVNISH SAXENA, J.

                                    1. Heard Sri Shikhar Trivedi, learned Advocate, holding the brief on behalf
                                    of accused applicants, Sri Mahesh Kumar Kuntal, learned counsel for
                                    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 applicants with a prayer to release him on
                                    anticipatory bail in Case Crime No. 180 of 2026, under Sections 115(2),
                                    351(2), 76 BNS, P.S.- Kotwali, District- Mathura.

                                    3. After some argument, learned counsel for the applicants 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 applicants shall move the application for bail within a period of 30
                                    days from the date of this order, during which period, the applicants shall not
                                    be arrested.

                                    6. 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
                                    Sharad/-




Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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