Allahabad High Court

UMESH BIND AND ANOTHERversusSTATE OF U.P.

Decided: 30 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court held that the anticipatory bail application may be withdrawn and the petitioners are entitled to interim protection from coercive action while they seek regular bail.

Summary

The petitioners, Umesh Bind and another, filed an anticipatory bail application under Section 482 of the CrPC. After hearing, they sought to withdraw the application and instead approach the regular bail court, requesting temporary protection from coercive action. The learned Additional Government Advocate consented to the withdrawal. The court directed that the petitioners must appear before the regular bail court within four weeks and apply for bail under various CrPC sections and Section 7 of the Criminal Law Amendment Act, 1932. It ordered that no coercive action be taken against them for the four‑week period and that their regular bail application be considered without prejudice from the earlier anticipatory bail rejection. The anticipatory bail application was thus disposed.

Issues considered

Whether an anticipatory bail application under Section 482 can be withdrawn at the petitioners' request.
Whether the court can grant interim protection from coercive action pending a regular bail application.
Whether the earlier rejection of anticipatory bail should influence the consideration of a subsequent regular bail application.

Legislation cited

Code of Criminal Procedure, 1973 — s. 109(1), 115(2), 117(2), 191(2), 324(4), 351(2), 352, 482
Criminal Law Amendment Act, 1932 — s. 7

Subjects

anticipatory bail
Section 482 CrPC
withdrawal of application
interim protection
regular bail
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 7283 of 2026

Umesh Bind And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Ashutosh Kumar Tripathi, Sunil Kumar Singh
Counsel for Opposite Party(s) : Ajay Kumar Singh Yadav, Brij Kumar Yadav,
G.A.

Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. After some arguments, Learned counsel for the applicants prays that he may be
permitted to withdraw this application with the liberty to the applicants to approach
the concerned Court for seeking regular bail. He further prays that for a short time, the
interest of the applicants may be protected.

2. The Learned AGA has no objection to the said prayer.

3. Taking into account the submissions made by the Learned counsel for the parties, it
is directed that in case the applicants appear before the Court concerned within a
period of four weeks from today and apply for bail in Case Crime No. 105 of 2026,
under Sections 191(2), 109(1), 115(2), 352, 351(2), 324(4), 117(2) BNS and Section 7
of Criminal Law Amendment Act, 1932, P.S. Sarai Khwaja, District Jaunpur, their
application for bail shall be considered and disposed of expeditiously, in accordance
with the law, without being influenced by any observations made by the concerned
Court while rejecting the anticipatory bail application of the applicants.

4. For a period of four weeks from today, no coercive action shall be taken against the
applicants in the aforesaid case.

5. With the aforesaid observations/directions, this application stands disposed of.

October 1, 2026
RavindraKSingh
(Rajiv Lochan Shukla,J.)

Digitally signed by :-
RAVINDRA KUMAR SINGH
High Court of Judicature at Allahabad

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