Allahabad High Court
SUNAHERI LAL (SUB INSPECTOR) AND 5 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty granted to the applicants to file a regular bail application within 30 days.
Summary
The High Court of Allahabad heard an anticipatory bail application under Section 482 of the BNSS filed by Sub‑Inspector Sunaheri Lal and five others, who were charged under Section 395 IPC for an alleged offence in Sahavar, Kasganj. The applicants, through counsel, sought to withdraw the anticipatory bail petition and instead file a regular bail application before the trial court, requesting protection of liberty until that application is decided. The court accepted the withdrawal, dismissed the anticipatory bail petition, and granted the applicants liberty from arrest for 30 days to file the regular bail application. The court directed that certified copies of relevant documents be provided upon production of photocopies. The order was pronounced on 5 May 2026.
Issues considered
- Whether the anticipatory bail application under Section 482 BNSS should be entertained when the applicants wish to withdraw it.
- Whether liberty from arrest can be granted pending filing of a regular bail application.
Legislation cited
- BNSS — s. 482
- Indian Penal Code — s. 395
Subjects
- anticipatory bail
- Section 482
- withdrawal of application
- liberty from arrest
- regular bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 4318 of 2026
Sunaheri Lal (Sub Inspector) And 5 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Singh, Razia Sultan
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Arun Kumar Singh, 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 S.S.T. No. 54 of 2003 (Rakesh Kumar Chaturvedi Vs. Uday Raj Singh),
under Section 395 IPC, P.S.- Sahavar, District- Kasganj.
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 The application is dismissed as withdrawn with the aforesaid liberty.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
Sharad/-
(Avnish Saxena,J.)
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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