Allahabad High Court
MUNABBARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court dismissed the anticipatory bail application as withdrawn, permitting the applicant to refile with accurate disclosure of his criminal antecedents.
Summary
The applicant, Munabbar, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The Attorney General highlighted that the applicant had nine prior criminal cases, contradicting the applicant's affidavit claiming no similar history. Confronted with this discrepancy, the applicant's counsel requested permission to withdraw the application and refile with a full disclosure of his antecedents as required by Chapter XVIII Rule 18(7) of the Court Rules. The High Court, presided by Justice Rajiv Lochan Shukla, allowed the withdrawal and granted liberty to file a fresh application. Consequently, the original anticipatory bail application was dismissed as withdrawn, and any certified copy was to be returned to the applicant's counsel.
Issues considered
- What is the appropriate procedural step when an applicant's affidavit contains false statements regarding prior criminal history in an anticipatory bail application under Section 482 CrPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- criminal antecedents
- withdrawal of application
- High Court of Allahabad
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8216 of 2026
Munabbar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. The Learned A.G.A. has pointed out that the applicant has a criminal
history of nine cases including the present case but a declaration has been
made on affidavit that the applicant has no previous criminal history of
similar nature.
2. On being confronted with this fact, the Learned counsel for the
applicant prays that he may be permitted to withdraw this application with
the liberty of filing a fresh application explaining in detail the criminal
antecedents of the applicant, as required under Chapter XVIII Rule 18(7)
of the Rules of the Court.
3. The application is accordingly dismissed as withdrawn with the
aforesaid liberty.
4. Certified copy, if any, may be returned to the counsel for the applicant.
(Rajiv Lochan Shukla,J.)
September 8, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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