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Allahabad High Court

KRISHANPAL @ KRISHAN PAL SINGH @ DHOLAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application is disposed of, with permission to withdraw and file a regular bail application within four weeks, and a stay on coercive action for that period.

Summary

The applicant filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The counsel requested permission to withdraw the anticipatory bail application and instead file a regular bail application within four weeks. The Assistant Government Advocate had no objection. The court allowed the withdrawal, directed that the applicant may move a regular bail application in the specified case and that it be considered expeditiously, and ordered that no coercive action be taken against the applicant for four weeks. The anticipatory bail application was therefore disposed of.

Issues considered

  • Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application
  • Whether the court can order a stay on coercive action pending regular bail application

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • withdrawal of application
  • coercive action
  • Criminal Procedure Code
  • Section 482

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9513 of 2026

                                    Krishanpal @ Krishan Pal Singh @ Dhola
                                                                                                 .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)                 :   Jitendra Bahadur Singh
                                    Counsel for Opposite Party(s)            :   Ajay Kumar, G.A.

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

                                    1. After some arguments, the Learned counsel for the applicant prays that
                                    he may be permitted to withdraw this application with liberty to move a
                                    regular bail application before the concerned Court and till such time, his
                                    interest may be protected.

                                    2. The Learned A.G.A. has no objection to the said prayer.

                                    3. Taking into account the submissions made by the Learned counsels for
                                    the parties, it is provided that in case the applicant appears before the
                                    concerned Court within a period of four weeks from today and applies for
                                    regular bail in Case Crime No. 459 of 2026, under sections- 316(2),
                                    191(2), 191(3), 352, 109(1), 117(2), 118(1), 115(2), 351(3) of BNS,
                                    Police Station-Nandgram, District-Ghaziabad, his application for bail may
                                    be considered 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.

                                    4. For a period of four weeks from today, no coercive action shall be
                                    taken against the applicant in the above-mentioned case.

                                    5. The application stands disposed of.



                                                                                     (Rajiv Lochan Shukla,J.)
                                    September 21, 2026
                                    Sartaj




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

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