Allahabad High Court
ABHISHEKversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court rejected the anticipatory bail application but permitted its withdrawal, directing the applicant to file a regular bail application within four weeks and prohibiting any coercive action against him.
Summary
The applicant, Abhishek, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with Crime No. 373 of 2026. The applicant sought to withdraw the anticipatory bail application and instead move a regular bail application before the concerned court. The counsel for the informant and the Additional Government Advocate did not oppose the withdrawal. The High Court allowed the withdrawal, directed that the applicant appear before the concerned court within four weeks to file a regular bail application under Sections 109(1), 115(2) and 351(3) of the BNS, and ordered that no coercive action be taken against him during this period. Consequently, the anticipatory bail application was dismissed and the matter was disposed of.
Issues considered
- Whether the anticipatory bail application under Section 482 CrPC should be granted.
- Whether the applicant may withdraw the anticipatory bail application and seek regular bail.
Legislation cited
- BNS — s. 109(1), 115(2), 351(3)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action
- withdrawal of application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8554 of 2026
Abhishek
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Gaurav Srivastav, Girish Kumar
Counsel for Opposite Party(s) : G.A., Manish Yadav, Sujan Singh
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. Sri Manish Yadav, the Learned counsel for the informant and the
Learned A.G.A. have 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.373 of 2026, under Sections 109(1),
115(2), 351(3) of the BNS, P.S.- Jagdishpura, District- Agra, 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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