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Allahabad High Court

HAR VILASH @ PAPPUversusSTATE OF U.P.

Decided

Holding

The anticipatory bail application is dismissed, but the applicant may file a regular bail application within four weeks and is protected from coercive action during that period.

Summary

The applicant filed an anticipatory bail application under Section 482 of the CrPC in a criminal case involving offences under Sections 419, 420, 467, 468, 471 and 506 of the IPC. The applicant sought to withdraw the anticipatory bail application and instead move a regular bail application before the trial court. The learned Additional Government Advocate had no objection to the withdrawal. The High Court allowed the withdrawal, directed that the applicant appear before the trial court within four weeks to file a regular bail application, and ordered that no coercive action be taken against him during that period. The anticipatory bail application was therefore dismissed, and the matter was disposed of.

Issues considered

  • Whether an anticipatory bail application under Section 482 can be withdrawn by the applicant.
  • Whether the court can protect the applicant from coercive action pending filing of a regular bail application.
  • Whether the court can direct expeditious consideration of a regular bail application without prejudice to the withdrawn anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • Section 482 CrPC
  • coercive action
  • withdrawal of application
  • High Court of Allahabad

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 8539 of 2026

                                    Har Vilash @ Pappu
                                                                                                 .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)      : Anubhav Kumar Vimal, Km. Surabhi
                                    Counsel for Opposite Party(s) : 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.2055 of 2010, under Sections 419, 420,
                                    467, 468, 471, 506 I.P.C., P.S. - Kotwali, District- Mainpuri, 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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