Allahabad High Court
ASHISH KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The Court disposed of the anticipatory bail application, permitting its withdrawal and directing that a regular bail application filed within three weeks be heard expeditiously, with a stay on coercive action during that period.
Summary
The Allahabad High Court heard an anticipatory bail application filed by Ashish Kumar under Section 482 of the CrPC, relating to offences under various sections of the BNS and the POCSO Act. The applicant’s counsel requested to withdraw the anticipatory bail petition and instead seek regular bail before the trial court, seeking a direction for speedy disposal. The opposite parties raised no objection to this request. The Court allowed the withdrawal, directing that if the applicant files a regular bail application within three weeks, it will be considered expeditiously, and that no coercive action be taken against him during that period. The anticipatory bail application was consequently disposed of with no further time granted for compliance.
Issues considered
- Whether the anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the Court can order a stay on coercive action pending the filing of a regular bail application.
Legislation cited
- BNS — s. 115(2), 316(2), 351(2), 351(3), 69
- Code of Criminal Procedure, 1973 — s. 482
- Protection of Children from Sexual Offences Act, 2012 — s. 5(m), 6
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- POCSO Act
- BNS
- coercive action stay
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9397 of 2026
Ashish Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Kumar
Counsel for Opposite Party(s) : G.A., Rama Pati Tripathi
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Shri Ankit Kumar, learned counsel for the applicant, Sri Rama
Pati Tripathi, learned counsel for the informant, 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. 325 of 2026, under Sections 69, 316(2), 115(2), 351(2),
351(3) of BNS and Section 5m/6 of POCSO Act, Police Station Ekta,
District Agra, 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 counsel for the opposite parties have 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. However, For a period of three weeks from today, no coercive action
shall be taken against the applicant herein in pursuance of aforesaid case.
NABAIL No. 9397 of 2026
2
7. With these observations, the application is disposed of.
8. It is made clear that no further time shall be granted to comply with this
order.
(Vivek Kumar Singh,J.)
September 18, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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