Created by Fuzzy Cloud

Allahabad High Court

PAWAN GUPTAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court disposed of the anticipatory bail application, permitting the applicant to file a regular bail application within fifteen days and staying any coercive action during that period.

Summary

Pawan Gupta filed an anticipatory bail application under Sections 65(1), 115(2), 352 and 351(2) of the BNS Act and Sections 3 and 4 of the POCSO Act in Criminal Case No. 193 of 2026. During the hearing, counsel for the applicant sought to withdraw the anticipatory bail petition and instead move a regular bail application before the trial court. The State and other respondents raised no objection to this request. The Allahabad High Court allowed the withdrawal, directing that if the applicant files a regular bail application within fifteen days, it shall be heard and disposed of expeditiously, and that no coercive action be taken against him during that period. Consequently, the anticipatory bail application was disposed without granting bail, and no further time was permitted to comply with the order.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under the cited provisions.
  • Whether the applicant may withdraw the anticipatory bail application and seek regular bail.
  • Whether the court can impose a temporary moratorium on coercive action pending a regular bail application.

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • coercive action
  • criminal procedure
  • POCSO Act
  • High Court
  • bail application

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9411 of 2026

Pawan Gupta
                                                          .....Applicant(s)
                                  Versus

State Of U.P. And 3 Others
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Akash Kumar Nishad, Ashutosh Kumar
                                Shukla
Counsel for Opposite Party(s) : G.A., Rakesh Kumar Upadhyay

Court No. - 72
                 HON'BLE VIVEK KUMAR SINGH, J.

1. Heard Shri Ashutosh Kumar Shukla, learned counsel for the applicant,
Sri Rakesh Kumar Upadhyay, 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. 193 of 2026, under Sections 65(1), 115(2), 352, 351(2) of
BNS and Section 3/4 of POCSO Act, Police Station Kasya, District
Kushinagar, 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 fifteen days from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law.

6. However, For a period of fifteen days from today, no coercive action
                                                                                          NABAIL No. 9411 of 2026
                                                                   2


                                    shall be taken against the applicant herein in pursuance of aforesaid case.

                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.