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Allahabad High Court

SHAMIM AHMADversusSTATE OF U.P.

Decided

Holding

The anticipatory bail application is disposed of, allowing the applicant to withdraw it and file a regular bail application within four weeks, with a stay on coercive action during that period.

Summary

The applicant, Shamim Ahmad, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 26 of 2005) involving an alleged offence under Section 409 of the Indian Penal Code. The applicant sought to withdraw the anticipatory bail application and instead move a regular bail application before the concerned court. Both parties' counsel appeared, and the learned Additional Government Advocate raised no objection to the withdrawal. The court permitted the applicant to withdraw the anticipatory bail application, granted a four‑week period during which no coercive action could be taken, and directed that a regular bail application be entertained expeditiously without prejudice from the earlier anticipatory bail proceedings. The court ordered that the anticipatory bail application be disposed of, subject to the conditions specified. The order was pronounced on 30 September 2026 by Justice Rajiv Lochan Shukla.

Issues considered

  • Whether the anticipatory bail application under Section 482 CrPC can be withdrawn by the applicant.
  • Whether the applicant may be permitted to move a regular bail application for the same offence.
  • Whether any coercive action can be stayed pending the regular bail application.

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • Section 482 CrPC
  • Section 409 IPC
  • withdrawal of application
  • stay of coercive action
  • High Court of Allahabad

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9587 of 2026

                                    Shamim Ahmad
                                                                                                 .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)                   :   Pankaj Kumar Tyagi
                                    Counsel for Opposite Party(s)              :   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.26 of 2005, under Section 409 I.P.C., P.S.-
                                    Kairana, District- Shamli, 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 30, 2026
                                    Sachin




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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