Allahabad High Court
ABHISHEK SINGHversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
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The court held that the anticipatory bail application may be withdrawn and the applicant may seek regular bail within four weeks, with a stay on coercive action during that period.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- Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.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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