Allahabad High Court
SHYAM KUMAR AND 2 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty to re‑file after proper disclosure of criminal antecedents.
Summary
The petitioners Shyam Kumar and two others filed an anticipatory bail application under Section 482 of the CrPC. The learned Additional Government Advocate objected, noting that the applicants had multiple prior criminal cases which were not disclosed as required by Chapter XVIII, Rule 18(7) of the Court Rules. The counsel for the applicants sought permission to withdraw the application and re‑file it with a detailed explanation of their criminal antecedents. The Court accepted this request, dismissed the present application as withdrawn, and granted liberty to file a fresh application complying with the procedural requirement. Certified copies of the order were to be returned to the applicants' counsel.
Issues considered
- Whether the anticipatory bail application should be dismissed for failure to disclose the applicants' criminal antecedents as mandated by Chapter XVIII, Rule 18(7) of the Rules of the Court?
Subjects
- anticipatory bail
- Section 482 CrPC
- procedural compliance
- Rule 18(7)
- withdrawal of application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8929 of 2026
Shyam Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Avinash Pandey
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. raised an objection by
submitting that the applicant No.1 has a criminal history of four cases and
the applicant No.3 has a criminal history of three cases, which have not
been explained as is required under the provisions of Chapter XVIII, Rule
18 sub-Rule (7) of the Rules of the Court.
2. On being confronted with this objection, the Learned counsel for the
applicants submits that he may be permitted to withdraw this application
with liberty to file a fresh application explaining in detail the complete
criminal antecedents of the applicants 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
applicants, this application stands dismissed as withdrawn with the
above-mentioned liberty.
4. Certified copies may be returned to the Learned counsel for the
applicants.
(Rajiv Lochan Shukla,J.)
September 9, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
Checking your session…