Allahabad High Court

SHAHNAWAZversusSTATE OF U.P. AND ANOTHER

Decided: 27 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court allowed the withdrawal of the anticipatory bail application and stayed the non‑bailable warrants, directing the applicant to seek regular bail within four weeks.

Summary

The applicant filed an anticipatory bail application under CrPC Section 482 and later sought to withdraw it, requesting a short protective period to approach the regular bail court. The State's Additional Government Advocate raised no objection. The court permitted the withdrawal, directing the applicant to appear before the concerned court within four weeks to file a regular bail application in Crime No. 191 of 2026, and ordered that the non‑bailable warrants against him be stayed for the same period. The court emphasized that the regular bail application would be decided expeditiously and without prejudice from the earlier anticipatory bail rejection. The anticipatory bail application was therefore disposed of with the stay order.

Issues considered

Whether an anticipatory bail application under CrPC Section 482 can be withdrawn by the applicant
Whether a stay on the execution of non‑bailable warrants can be granted pending a regular bail application

Legislation cited

BNS — s. 109(1), 115(2), 140(4), 3(5)
Code of Criminal Procedure, 1973 — s. 482

Subjects

anticipatory bail
Section 482 CrPC
non‑bailable warrant
stay of execution
regular bail
criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 9496 of 2026

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

Counsel for Applicant(s)             :   Ankit Srivastava, Ch. Dil Nisar
Counsel for Opposite Party(s)        :   G.A., Shivam Tiwari

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

1. Heard the Learned counsel for the applicant, Sri Shashank Tripathi,
Advocate holding brief of Sri Shivam Tiwari, learned counsel for the
informant and the Learned AGA for the State.

2. After some arguments, Learned counsel for the applicant prays that he
may be permitted to withdraw this application with the liberty to the
applicant to approach the concerned Court for seeking regular bail. He
further prays that for a short time, the interest of the applicant may be
protected.

3. The Learned AGA has no objection to the said prayer.

4. Taking into account the submissions made by the Learned counsel for the
parties, it is directed that in case the applicant appears before the Court
concerned within a period of four weeks from today and applies for bail in
Case Crime No. 191 of 2026, under Sections 109(1), 115(2), 140(4), 3(5) of
BNS, Police Station Nagal, District Saharanpur, his application for bail shall
be considered and disposed of expeditiously, in accordance with the
law, without being influenced by any observations made by the concerned
Court while rejecting the anticipatory bail application of the applicant.

5. For a period of four weeks from today, the execution of non-bailable
warrants issued against the applicant in the aforesaid case shall remain
stayed against the applicant in the aforesaid case.

6. With the aforesaid observations/directions, this application stands
                                                                NABAIL No. 9496 of 2026
                                                         2


                                    disposed of.

                                    September 28, 2026
                                    Junaid
                                                             (Rajiv Lochan Shukla,J.)




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

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