Allahabad High Court
NAJMUL HASANversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court dismissed the anticipatory bail application as withdrawn, permitting the applicant to refile with proper disclosure.
Summary
The applicant, Najmul Hasan, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The Attorney General objected, pointing out that the applicant had a prior criminal case (Case Crime No.369 of 2016) contrary to the affidavit's claim of no criminal history. The applicant's counsel sought permission to withdraw the application and refile with full disclosure, invoking Rule 18(7) of the Court Rules. The court accepted this request, dismissed the present application as withdrawn, and allowed the applicant to file a fresh application. Certified copies of the order were to be returned to the applicant's counsel.
Issues considered
- Whether the anticipatory bail application should be dismissed on the ground of misrepresentation regarding the applicant's criminal history
- Whether the applicant may be permitted to withdraw the application and refile under the procedural rules
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- criminal history
- withdrawal of application
- procedural rule
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8474 of 2026
Najmul Hasan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Mishra, Rishabh
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. At the very outset, the Learned A.G.A. has raised a preliminary
objection by stating that the applicant has a criminal history of one other
case, being Case Crime No.369 of 2016, under Sections 323, 420, 452,
504, 506 I.P.C., P.S. Chandpur, District Bijnor, whereas, the declaration
made in the affidavit accompanying the anticipatory bail application
states that the applicant has no criminal history and is not involved in any
other activities.
2. On being confronted with this objection, the Learned counsel for the
applicant submits that he may be permitted to withdraw this application
with liberty to file a fresh application explaining the criminal antecedents
of the applicant in view of the provisions of Chapter XVIII, Rule 18 sub-
Rule (7) of the Rules of the Court.
3. Taking into account the prayer made by the Learned counsel for the
applicant, this application stands dismissed as withdrawn with the above-
mentioned liberty.
4. Certified copies may be returned to the Learned counsel for the
applicant.
(Rajiv Lochan Shukla,J.)
September 14, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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