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Allahabad High Court

RAJ DHAKRE @ HARI OM SINGH DHAKREversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the anticipatory bail application may be withdrawn and the applicant is entitled to liberty until a regular bail application is filed.

Summary

The applicant, Raj Dhakre, filed an anticipatory bail application under Section 482 of the BNSS in a criminal case involving multiple IPC offences. During the hearing, the applicant's counsel sought to withdraw the anticipatory bail application 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 application and granted the requested liberty, directing that the applicant not be arrested for 30 days to file the regular bail application. The court ordered the applicant to move the bail application within 30 days and to provide certified copies of relevant documents upon production of photocopies. Consequently, the anticipatory bail application was dismissed as withdrawn.

Issues considered

  • Whether the anticipatory bail application under Section 482 can be withdrawn and the applicant be granted liberty pending a regular bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • withdrawal
  • liberty
  • bail application
  • IPC offences

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 4129 of 2026

                                    Raj Dhakre @ Hari Om Singh Dhakre
                                                                                                         .....Applicant(s)
                                                                          Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite Party(s)

                                    Counsel for Applicant(s)                       :   Kamlendra Pal Singh
                                    Counsel for Opposite Party(s)                  :   G.A., Sushil Kumar Dubey

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

                                    1. Sri Kamlendra Singh Jadaun, learned counsel for accused applicant hands
                                    up supplementary affidavit. The same is taken on record.

                                    2. Heard Sri Jadaun, Sri Shubham Dwivedi, learned Advocate, holding the
                                    brief on behalf of 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. 10 of 2026, under Sections 191(2),
                                    191(3), 115(2), 352, 351(3), 109, 309(6), 324(4), 333 BNS, P.S.- Balrai,
                                    District- Etawah.

                                    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
                                    be arrested.

                                    7. 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
                                    Sharad/-




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

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