Created by Fuzzy Cloud

Allahabad High Court

MUNABBARversusSTATE OF U.P.

Decided

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The court dismissed the anticipatory bail application as withdrawn, permitting the applicant to refile with accurate disclosure of his criminal antecedents.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 Consequently, the original anticipatory bail application was dismissed as withdrawn, and any certified copy was to be returned to the applicant's counsel.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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.