Allahabad High Court
RASHEED KHANversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The anticipatory bail application is dismissed as not maintainable.
Summary
The applicant, Rasheed Khan, filed an anticipatory bail application in a criminal case (Crime No. 28 of 2025) seeking relief under Section 482 and several provisions of the B.N.S. Act. The State, represented by the Additional Government Advocate, submitted that a final report had already been filed on 25‑08‑2026 and that the applicant expressed no fear of arrest, rendering the anticipatory bail petition non‑maintainable. The applicant’s counsel argued that the application should be dismissed but requested liberty to file a fresh application if needed. The Court, after hearing both sides, dismissed the anticipatory bail application, granting the applicant liberty to approach the Court later if circumstances change. Consequently, any interim order was vacated and the parties were directed to return certified copies of documents after retaining photocopies.
Issues considered
- Whether an anticipatory bail application is maintainable when the final report in the underlying case has been filed and the applicant does not apprehend arrest
Legislation cited
- B.N.S. Act — s. 109(1), 115(2), 126(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S. Act
- final report
- non‑maintainability
- bail dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 5665 of 2026
Rasheed Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghubir Singh
Counsel for Opposite Party(s) : G.A., Sanjay Kumar Dwivedi
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Affidavit of compliance filed today by the learned A.G.A. is taken on
record.
2. Heard learned counsel for the applicant and learned A.G.A. for the
State.
3. The present application has been filed on behalf of the applicant in
Case Crime No. 28 of 2025, under Sections 126(2), 115(2), 352, 351(3),
109(1) of B.N.S., Police Station - Gorai, District Aligarh, with a prayer to
grant him anticipatory bail.
4. At the very outset, learned A.G.A. submits that the final report has been
submitted in the present case on 25.08.2026. The applicant has no
apprehension of his arrest, therefore, the present anticipatory bail
application is not maintainable.
5. On being confronted with this, learned counsel for the applicant
submits that the present anticipatory bail application be dismissed as not
pressed with liberty to file a fresh anticipatory bail application at the
appropriate stage, if so required.
6. With the aforesaid liberty, the present anticipatory bail application is
dismissed.
NABAIL No. 5665 of 2026
2
7. Interim order, if any, stands vacated.
8. Certified copies of relevant documents be returned to the learned
counsel for the applicant after retaining photostat copies of the same.
(Vivek Kumar Singh,J.)
September 29, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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