Allahabad High Court
CHANDRAPAL SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court allowed the withdrawal of the anticipatory bail application and directed that a regular bail application be entertained expeditiously within four weeks, with a stay on any coercive action against the applicant.
Summary
Chandrapal Singh filed an anticipatory bail application under CrPC Section 482. He later sought to withdraw that application and instead move a regular bail application in the pending criminal case. The court, after hearing counsel, permitted the withdrawal and granted him liberty to file a regular bail petition within four weeks, directing that his bail application be considered expeditiously and that no coercive action be taken against him during that period. The court also specified that the regular bail application would not be influenced by any observations of the concerned court that had rejected the anticipatory bail. Consequently, the anticipatory bail application was disposed of and the applicant was protected from arrest for four weeks.
Issues considered
- Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the court can grant liberty to file a regular bail petition within a specified time and stay coercive action during that period.
Legislation cited
- B.N.S., 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 — s. 13, 2(1)(i), 4(1)
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- coercive action stay
- CrPC Section 482
- Uttar Pradesh Public Examination Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9052 of 2026
Chandrapal Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Sanjay Dubey, Vaibhav Singh
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.173 of 2026, under Sections 61(2), 340(2),
336(3), 338, 318(4), 319(2) of the B.N.S. 2023, under Sections 4(1),
2(1)(i) and 13 of the Uttar Pradesh Public Examination (Prevention of
Unfair Means) Act, 2024, P.S.- Nauchandi, District- Meerut, 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 11, 2026/Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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