Allahabad High Court
ASHALESH CHAUHAN @ CHAIYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court disposed of the anticipatory bail application, permitting its withdrawal, directing that a regular bail application filed within four weeks be considered expeditiously, and prohibiting any coercive action against the applicant during that period.
Summary
The applicant filed an anticipatory bail application under Section 482 of the CrPC in a case involving offences under IPC sections 363, 372, 504, 506, the POCSO Act and the SC/ST Act. The applicant’s counsel sought permission to withdraw the anticipatory bail application and to file a regular bail application within four weeks, requesting protection from any coercive action in the meantime. The learned Additional Government Advocate did not oppose the request. The court allowed the withdrawal, directed that the applicant may approach the concerned court for regular bail within four weeks and that such bail be considered expeditiously, and ordered that no coercive action be taken against the applicant during that period. The anticipatory bail application was therefore disposed of without prejudice to the regular bail application.
Issues considered
- Whether the anticipatory bail application can be withdrawn and the applicant can be permitted to file a regular bail application.
- Whether the court can direct protection from coercive action pending the regular bail application.
- Effect of rejecting the anticipatory bail application while allowing a regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 363, 372, 504, 506
- POCSO Act — s. 16, 17
- SC/ST Act — s. 3(2)(V)
Subjects
- anticipatory bail
- regular bail
- withdrawal of application
- coercive action
- CrPC Section 482
- POCSO Act
- SC/ST Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9060 of 2026
Ashalesh Chauhan @ Chaiya
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Yadav
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.07 of 2020, under Sections 363, 372, 504,
506 I.P.C. and Section 16/17 of POCSO Act & Section 3(2)(V) of the
SC/ST Act, P.S.- Bankata, District- Deoria, 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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