Allahabad High Court
SAHEEBversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application was dismissed as withdrawn, with liberty to reapply after full disclosure of prior criminal antecedents.
Summary
The applicant sought anticipatory bail under Section 482 of the CrPC. The learned Additional Government Advocate highlighted the applicant's prior criminal case (Case Crime No. 398 of 2016) involving offences under Sections 147, 323, 324, 504 and 506 IPC, which was not disclosed in the affidavit as required by Rule 18(7) of the Rules of the Court. Upon being confronted, the applicant's counsel requested permission to withdraw the present application and file a fresh one after full disclosure of his antecedents. The court allowed the withdrawal, directing the application to be dismissed as withdrawn and granting liberty to reapply with the required disclosure. The certified copy of the application, if any, was ordered to be returned to the applicant's counsel.
Issues considered
- Whether the anticipatory bail application can be withdrawn by the applicant
- Whether the applicant must disclose prior criminal antecedents as mandated by Rule 18(7) of the Rules of the Court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 323, 324, 504, 506
- Rules of the Court — s. Chapter XVIII, Rule 18(7)
Subjects
- anticipatory bail
- section 482
- criminal antecedents
- withdrawal of application
- Rule 18(7)
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9499 of 2026
Saheeb
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek
Counsel for Opposite Party(s) : G.A., Khalid Mahmood
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. The learned A.G.A. has pointed out that the applicant has a criminal
history of one case bearing Case Crime No. 398 of 2016, under Sections
147, 323, 324, 504 and 506 IPC, Police Station Daurala, District Meerut,
which has not been explained in the affidavit accompanying the present
anticipatory bail application, as required under Chapter XVIII, Rule 18(7)
of the Rules of the Court.
2. On being confronted with this fact, learned counsel for the applicant
prays that he may be permitted to withdraw the present anticipatory bail
application with the liberty to file a fresh anticipatory bail application
after disclosing the complete criminal antecedents of the applicant, as
required under Chapter XVIII, Rule 18(7) of the Rules of the Court.
3. Dismissed as withdrawn with the above mentioned liberty.
4. Office is directed to return the certified copy, if any, filed along with
the bail application to the counsel for the applicant.
(Rajiv Lochan Shukla,J.)
September 28, 2026
Junaid
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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