Allahabad High Court
ASHOK KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court dismissed the anticipatory bail application, allowing the applicant to withdraw it and seek regular bail within four weeks, with a stay on any coercive action.
Summary
The applicant, Ashok Kumar, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 324 of 2013) involving offences under Sections 419, 420 and 468 of the IPC. The applicant sought relief to avoid arrest and asked for liberty to move a regular bail application. The learned Additional Government Advocate did not oppose the applicant's request to withdraw the anticipatory bail application. The court permitted the withdrawal, directed that the applicant appear before the concerned court within four weeks to file a regular bail application, and ordered that no coercive action be taken against him during that period. Consequently, the anticipatory bail application was dismissed and the matter was disposed of.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC.
- Whether the applicant may withdraw the anticipatory bail application and seek regular bail.
- Whether a stay on coercive action is warranted pending the regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 419, 420, 468
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- stay of coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8549 of 2026
Ashok Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar
Srivastava
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.324 of 2013, under Sections 419, 420, 468
IPC, Police Station Jasrana, District Firozabad, 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 pursuant to the above-mentioned case.
5. The application stands disposed of.
(Rajiv Lochan Shukla,J.)
September 8, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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