Allahabad High Court
TARIFversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty granted to move a bail application within 30 days.
Summary
The accused filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case registered under Sections 2 and 3 of the U.P. Gangster Act. During the hearing, the applicant sought to withdraw the anticipatory bail application and instead move a regular bail application before the trial court, while requesting protection of liberty until that application is decided. The High Court dismissed the anticipatory bail application as withdrawn, but granted the applicant liberty to file a bail application within 30 days and ordered that he not be arrested during that period. The court also directed the production of certified copies of relevant documents. The order was pronounced on 5 May 2026.
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- Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.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 move a regular bail application within a specified period.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- U.P. Gangster Act — s. 2, 3
Subjects
- anticipatory bail
- Section 482
- U.P. Gangster Act
- bail withdrawal
- liberty
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4282 of 2026
Tarif
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Lalit Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Lalit Kumar Shukla, 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 Case No. 817 of
2026 in Case Crime No. 73 of 2026, under Section 2/3 U.P.Gangster Act, P.S.
Vrindavan, District- Mathura, during pendency of the trial.
3. 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.
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 The application is dismissed as withdrawn with the aforesaid liberty.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.
May 5, 2026
Abhishek Sri.
(Avnish Saxena,J.)
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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