Allahabad High Court
MOHD KADIRversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The anticipatory bail application was dismissed as withdrawn, with liberty granted to the applicant to file a fresh application within 30 days and to remain free from arrest during that period.
Summary
The accused, Mohd Kadir, filed an anticipatory bail application under Section 482 of the BNSS in a criminal case involving offences under Sections 318(4), 336(3), 338, 340(2), 61(2) of the BNS and Section 66D of the Information Technology (Amendment) Act. The applicant had not approached the Sessions Court for anticipatory bail and sought to withdraw the present application while requesting protection of liberty until a fresh application could be filed. The High Court observed that the applicant could withdraw the application and re‑file before the trial court. Consequently, the Court dismissed the present application as withdrawn but granted liberty to the applicant to move a fresh anticipatory bail application within 30 days, during which he shall not be arrested. The Court also directed that certified copies of relevant documents be provided to the applicant upon production of photocopies.
Issues considered
- Whether an anticipatory bail application can be entertained when the applicant has not approached the Sessions Court.
- Whether the applicant may withdraw the anticipatory bail application and seek liberty to re‑file a fresh application.
- Whether the court can grant a period of liberty during which the applicant cannot be arrested pending a fresh application.
Legislation cited
- BNS — s. 318(4), 336(3), 338, 340(2), 61(2)
- BNSS — s. 482
- Information Technology (Amendment) Act — s. 66D
Subjects
- anticipatory bail
- Section 482
- withdrawal of application
- liberty to refile
- criminal procedure
- cyber crime
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4384 of 2026
Mohd Kadir
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohammad Zunaid Khan, Yash Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE AVNISH SAXENA, J.
1. Heard Mohd. Zunaid Khan, learned counsel 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 applicants with a prayer to release them on
anticipatory bail in Case Crime No. 21 of 2025, under Sections 318(4),
336(3), 338, 340(2), 61(2) of BNS, Section 66D of Information
Technology (Amendment) Act, P.S.- Cyber Crime, District- Hathras,
during pendency of the trial.
3. It is reflected that the applicant has not approached the sessions court
for anticipatory bail application. Hence, learned counsel for the applicant
seeks to withdraw the application to move the anticipatory bail through
counsel before the trial court, but seeks protection of liberty till the
disposal of anticipatory bail application.
4. The application is dismissed as withdrawn with the aforesaid liberty.
5. The applicants shall move the application for anticipatory 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.
(Avnish Saxena,J.)
May 7, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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