Allahabad High Court
DEVESH @ MONUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court dismissed the anticipatory bail application as withdrawn, allowing the applicant to re‑file if he wishes.
Summary
The applicant, Devesh @ Monu, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in BNSS No. 4280 of 2026 against the State of Uttar Pradesh. The victim's statement was recorded under Section 183, after which the applicant's counsel sought to withdraw the bail application and re‑file it. The High Court considered the request to withdraw the pending application. The Court dismissed the anticipatory bail application as withdrawn, granting the applicant liberty to move afresh if desired. Certified copies of the order were to be provided upon production of photocopies.
Issues considered
- Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant after a victim's statement under Section 183 has been recorded
- Procedural consequences of withdrawing a pending anticipatory bail application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 183, 482
Subjects
- anticipatory bail
- withdrawal of application
- Section 482 CrPC
- Section 183 CrPC
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4280 of 2026
Devesh @ Monu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajit Kumar Mishra, Atul Kumar Shahi
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Sri Arun Kumar Sharma, learned counsel for the informant hands up
the vakalatnama. The same is taken on record. The name of learned
counsel be shown in the cause list.
2. Heard Sri Atul Kumar Shahi, learned counsel for the applicant, Sri
Sharma, learned counsel for the informant and learned learned A.G.A. for
the State.
3. In pursuance to the statement of victim recorded under Section 183
BNSS, learned counsel for the applicant seeks to withdraw the application
to move afresh.
4. The application is dismissed as withdrawn with the aforesaid liberty.
5. The certified copies of the orders be provided to the applicant on
production of photostat copies of it.
(Avnish Saxena,J.)
May 5, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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