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Allahabad High Court

MUKESH KUMAR @ RAMESH KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application was dismissed as withdrawn, and the court granted the applicant liberty not to be arrested for 30 days to file a regular bail application.

Summary

The accused, Mukesh Kumar, filed an anticipatory bail application under Section 482 of the BNSS in connection with a criminal complaint (No. 13108 of 2024) involving sections 74, 75, 115(2) and 351(2) of the BNS. The applicant later sought to withdraw the anticipatory bail petition and instead file a regular bail application before the trial court, while requesting protection from arrest until that filing. The High Court accepted the withdrawal, dismissed the anticipatory bail petition, and granted the applicant liberty not to be arrested for a period of 30 days, directing him to file the regular bail application within that time. The court also ordered that certified copies of relevant documents be provided upon production of photocopies. The order was pronounced on 7 May 2026.

Issues considered

  • What is the effect of a withdrawal request on an anticipatory bail application under Section 482 of the BNSS?
  • Whether the court can grant a liberty not to arrest the applicant pending filing of a regular bail application.

Legislation cited

  • BNS — s. 115(2), 351(2), 74, 75
  • BNSS — s. 482

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 4178 of 2026

                                    Mukesh Kumar @ Ramesh Kumar
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)                                :     Rakesh Chandra
                                    Counsel for Opposite Party(s)                           :     G.A.

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

                                    1. Heard Sri Rakesh Chandra Tiwari, 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 Complaint Crime
                                    No. 13108 of 2024, under Sections 74, 75, 115(2), 351(2) BNS, P.S.- Raipur, District-
                                    Sonebhadra, during pendency of the trial.

                                    3. Learned counsel for the applicant seeks to withdraw the application to move the bail
                                    application through counsel 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 through counsel 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.

                                    May 7, 2026
                                    Abhishek Sri.
                                                                                                       (Avnish Saxena,J.)




Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad


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