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Allahabad High Court

ABHISHEK SINGHversusSTATE OF U.P.

Decided

Holding

The court held that the anticipatory bail application may be withdrawn and the applicant may seek regular bail within four weeks, with a stay on coercive action during that period.

Summary

The applicant, Abhishek Singh, filed an anticipatory bail application under Section 482 of the B.N.S. After hearing, he sought to withdraw the application and instead move a regular bail application in the pending criminal case. The State opposed the request, but the learned Additional Government Advocate had no objection. The court permitted the withdrawal, directing the applicant to appear before the concerned court within four weeks to file a regular bail application under Sections 109, 191(2), 115(2), 352 and 351(3) of the B.N.S. It ordered that no coercive action be taken against the applicant during this period and that the anticipatory bail application be rejected. The application was consequently disposed of.

Issues considered

  • Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.
  • Whether the applicant may be granted liberty to file a regular bail application in the pending criminal case.
  • Whether the court can order a stay on coercive action pending the regular bail application.

Legislation cited

  • B.N.S. — s. 109, 115(2), 191(2), 351(3), 352, 482

Subjects

  • anticipatory bail
  • regular bail
  • Section 482
  • coercive action
  • withdrawal of application

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 8234 of 2026

                                    Abhishek Singh
                                                                                                 .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)      : Aditya Yadav, Saroj Kumar, Shivam
                                                                    Yadav
                                    Counsel for Opposite Party(s) : Anil Pratap Singh, G.A.

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

                                    1. After some arguments, the Learned counsel for the applicant prays that
                                    he may be permitted to withdraw this application with liberty to move a
                                    regular bail application before the concerned Court and till such time, his
                                    interest may be protected.

                                    2. The Learned A.G.A. has no objection to the said prayer.

                                    3. Taking into account the submissions made by the Learned counsels for
                                    the parties, it is provided that in case the applicant appears before the
                                    concerned Court within a period of four weeks from today and applies for
                                    regular bail in Case Crime No.178 of 2026, under Sections 109, 191(2),
                                    115(2), 352 and 351(3) of the BNS, P.S. - Syed Raza, District- Chandauli,
                                    his application for bail may be considered 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
                                    applicant.

                                    4. For a period of four weeks from today, no coercive action shall be
                                    taken against the applicant in the above-mentioned case.

                                    5. The application stands disposed of.



                                                                                    (Rajiv Lochan Shukla,J.)
                                    September 8, 2026/Sachin



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

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