Allahabad High Court
VIDYA DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court allowed the withdrawal of the anticipatory bail application and directed that a regular bail application be considered within three weeks, staying any coercive action against the applicant during that period.
Summary
Vidya Devi filed an anticipatory bail application in a criminal case (Crime No. 167 of 2026) invoking Sections 80(2) and 85 of the BNS Act and Sections 3 and 4 of the D.P. Act. She later requested to withdraw the anticipatory bail application and instead seek regular bail before the trial court. The opposing parties raised 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 anticipatory bail application was consequently disposed of, with a clear instruction that no further time would be granted for compliance with the order.
Issues considered
- Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the court can direct an expedited consideration of a regular bail application within a specified time frame.
- Whether a stay on coercive action can be granted pending the filing of a regular bail application.
Legislation cited
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- Section 80(2) BNS
- Section 85 BNS
- Section 3 D.P. Act
- Section 4 D.P. Act
- stay of coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9425 of 2026
Vidya Devi
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Kranti Kiran Pandey, Sr. Advocate,
Umesh Chandra Shukla
Counsel for Opposite Party(s) : G.A., Lalit Kumar Misra, Raj Kumar
Kesari
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Shri Amit Daga, learned Senior Advocate assisted by Sri Kranti
Kiran Pandey, learned counsel for the applicant, Sri Raj Kumar Kesari
alongwith Sri Lalit Kumar Misra, learned counsel 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. 167 of 2026, under Sections 80(2), 85 of BNS and
Section 3/4 of D.P. Act, Police Station Raipura, District Chitrakoot, with
a prayer to grant her 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, her application for bail shall be considered and disposed of
expeditiously in accordance with law.
NABAIL No. 9425 of 2026
2
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.
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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