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Allahabad High Court

AUSAN SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application is dismissed as not pressed, with liberty to file a fresh application.

Summary

The applicant, Ausan Singh, filed an anticipatory bail application under CrPC section 482. Counsel for the applicant argued that the application contained glaring mistakes that could not be corrected by amendment or a supplementary affidavit. The court held that such defects rendered the application not pressed. Consequently, the court dismissed the anticipatory bail application, but granted the applicant liberty to file a fresh and better application. The certified copy of the relevant documents was ordered to be returned to the applicant's counsel.

Issues considered

  • Whether an anticipatory bail application can be entertained despite glaring procedural mistakes
  • Whether the court can dismiss an anticipatory bail application as not pressed and allow a fresh filing

Legislation cited

Subjects

  • anticipatory bail
  • procedural defect
  • CrPC
  • dismissal
  • fresh application

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 7531 of 2026

                                    Ausan Singh
                                                                                               .....Applicant(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Aditya Kumar Tripathi, Saurabh Pathak
                                    Counsel for Opposite Party(s) : Abhinav Trivedi, Adarsh Kumar, G.A.

                                    Court No. - 72
                                                     HON'BLE VIVEK KUMAR SINGH, J.

                                    1. Heard Shri Rahul Kumar holding brief of Shri Saurabh Pathak, learned
                                    counsel for the applicant, Shri Abhinav Trivedi, learned counsel for the
                                    informant and learned AGA for the State.

                                    2. At the very outset, learned counsel for the applicant submits that there
                                    are some glaring mistakes in the application which cannot be rectified by
                                    way of filing amendment application or the supplementary affidavit,
                                    therefore, the present anticipatory bail application be dismissed as not
                                    pressed with liberty to file a fresh and better application.

                                    3. In view of the above statement, the present application is dismissed as
                                    not pressed with the aforesaid liberty.

                                    4. Certified copy of the relevant documents be returned to the learned
                                    counsel for the applicant.



                                                                                      (Vivek Kumar Singh,J.)
                                    September 29, 2026
                                    Nitendra




Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad


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