Allahabad High Court
SABIR HUSAINversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The anticipatory bail application was dismissed as withdrawn, with liberty granted to the applicant not to be arrested for 30 days.
Summary
The applicant, Sabir Husain, filed an anticipatory bail application under Section 482 of the Code of Criminal Procedure in a complaint case involving alleged offences under Sections 323, 506 and 406 of the IPC. After hearing, the applicant sought to withdraw the anticipatory bail application and instead file a regular bail application before the trial court, requesting protection of liberty until that application is decided. The High Court dismissed the anticipatory bail application as withdrawn but granted the applicant liberty from arrest for a period of 30 days, directing him to file the bail application within that time. The court also ordered that certified copies of relevant documents be provided to the applicant upon production of photocopies. 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- Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.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 from arrest pending filing of a regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 406, 506
Subjects
- anticipatory bail
- Section 482
- withdrawal of application
- liberty from arrest
- bail procedure
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4290 of 2026
Sabir Husain
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Najakat Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Mohd. Arif Siddiqui, learned counsel holding brief appeared for the 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 Case
No. 202 of 2022, under Sections 323, 506, 406 IPC, P.S.- Kemri, District-Rampur,
during pendency of the trial.
3. After some argument, 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 The application is dismissed as withdrawn with the aforesaid liberty.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 5, 2026
Abhishek Sri.
(Avnish Saxena,J.)
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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