Allahabad High Court
SHUYAB @ SHOAIB AHMADversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The anticipatory bail application is disposed of, allowing its withdrawal and directing the applicant to file a regular bail application within three weeks, with a stay on coercive action.
Summary
The applicant, Shuyab @ Shoaib Ahmad, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a criminal case (Crime No. 94 of 2026). He later requested to withdraw the anticipatory bail application and instead file a regular bail application before the trial court. The State had no objection to this request. The High Court permitted the withdrawal, directed that the regular bail application be filed within three weeks, and ordered that no coercive action be taken against the applicant during that period. The court further ordered that no additional time would be granted beyond the three‑week period and disposed of the anticipatory bail application.
Issues considered
- What is the appropriate procedure when an applicant seeks to withdraw an anticipatory bail application and file a regular bail application?
- Whether the court can impose a time‑bound direction for filing a regular bail application and restrain coercive action during that period.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- withdrawal of application
- expeditious disposal
- coercive action stay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9336 of 2026
Shuyab @ Shoaib Ahmad
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Singh Sengar
Counsel for Opposite Party(s) : G.A., Krishna Kumar Mishra, Sudhir
Kumar Shukla
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Sri Arvind Singh Sengar, learned counsel for the applicant, Sri
Sudhir Kumar Shukla, learned counsel appearing for the informant and
learned A.G.A. appearing for the State and perused the records.
2. The present application has been filed on behalf of the applicant in
Case Crime No. 94 of 2026, under Section 69 BNS, Police Station
Maniar, District Ballia with a prayer to grant him anticipatory bail.
3. After some arguments, learned counsel for the applicant prays that he
may be permitted to withdraw this application and move an appropriate
application seeking regular bail before the concerned Court. He prays that
a direction may be given to the concerned Court to decide the bail
application expeditiously.
4. Learned AGA has no objection to the said prayer.
5. On the prayer made, it is provided that in case the applicant appears
before the concerned court and applies for bail within three weeks from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law.
6. For a period of three weeks from today or till filing of regular bail
application, whichever is earlier, no coercive action shall be taken against
the applicant in the aforesaid case.
NABAIL No. 9336 of 2026
2
7. It is made clear that no further time shall be granted to comply with this
order.
8. With these observations, the application is disposed of.
(Vivek Kumar Singh,J.)
October 1, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
Checking your session…