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Allahabad High Court

ABHISHEKversusSTATE OF U.P.

Decided

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

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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