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Allahabad High Court

SAMA BANOversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Anticipatory bail is not maintainable for a bailable offense, and the application was dismissed as withdrawn.

Summary

The applicant, Sama Bano, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code, claiming that he was charged under Section 137(2) of the BNS, a cognizable but bailable offense. The learned Additional Government Advocate objected, stating that anticipatory bail is not maintainable for bailable offenses. The applicant’s counsel then requested permission to withdraw the anticipatory bail petition and seek regular bail instead. The court considered whether the nature of the offense precludes anticipatory bail. It held that anticipatory bail cannot be granted for a bailable offense and allowed the withdrawal. Consequently, the application was dismissed as withdrawn, leaving the applicant free to approach the appropriate court for regular bail.

Issues considered

  • Is anticipatory bail maintainable for a bailable offense under Section 137(2) of the BNS?

Legislation cited

  • BNS — s. 137(2)

Subjects

  • anticipatory bail
  • bailable offense
  • Section 137(2)
  • Section 482
  • criminal procedure
  • withdrawn application

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9421 of 2026

                                    Sama Bano
                                                                                            .....Applicant(s)
                                                                     Versus

                                    State of U.P. and Another
                                                                                                .....Opposite
                                                                                                      Party(s)

                                    Counsel for Applicant(s)              :   Upendra Kumar Tiwari
                                    Counsel for Opposite Party(s)         :   G.A.

                                    Court No. - 71
                                                     HON'BLE RAJIV LOCHAN SHUKLA, J.

                                    1. The Learned A.G.A. has raised preliminary objection stating that the
                                    applicant has been charged-sheeted for an offense under section 137 (2)
                                    of BNS, which is although the cognizable offense, but is a bailable
                                    offense. For a bailable offense, an anticipatory bail application is not
                                    maintainable.

                                    2. On being confronted with this fact, Learned counsel for the applicant
                                    prays that he may be permitted to withdraw this application and move the
                                    appropriate Court for seeking regular bail.

                                    3. This application is dismissed as withdrawn with the aforementioned
                                    liberty.



                                                                                  (Rajiv Lochan Shukla,J.)
                                    September 11, 2026
                                    Sartaj




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad


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