Allahabad High Court
LOVKUSH PATEL ALIAS TOOFANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court permitted the withdrawal of the anticipatory bail application and directed that a regular bail application be entertained within twenty days and disposed of expeditiously.
Summary
The applicant, Lovkush Patel, filed an anticipatory bail application under Section 482 of the CrPC in a case involving alleged offences under Sections 376 and 506 IPC. After hearing, the applicant sought to withdraw the anticipatory bail petition and instead file a regular bail application before the trial court, requesting the court to decide the bail matter promptly. The State's counsel raised no objection to this request. The High Court allowed the withdrawal, directed that the applicant may file a regular bail application within twenty days and that the matter be disposed of expeditiously, and ordered that no coercive action be taken against the applicant during that period. No further time was to be granted, and the anticipatory bail application was disposed of.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be withdrawn in favour of filing a regular bail application.
- Whether the court can direct expeditious disposal of a regular bail application and stay coercive action pending such filing.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 376, 506
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- Section 482 CrPC
- expeditious disposal
- coercive action stay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9597 of 2026
Lovkush Patel Alias Toofan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pawan Giri
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant 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. 120 of 2017, under Sections 376, 506 IPC, Police Station
George Town, District Allahbad with a prayer to grant him 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 AGA has 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 twenty days from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law.
6. For a period of twenty days from today or till filing of regular bail
application, whichever is earlier, no coercive action shall be taken against
the applicant in the aforesaid case.
NABAIL No. 9597 of 2026
2
7. It is made clear that no further time shall be granted to comply with this
order.
8. With these observations, the application is disposed of.
(Vivek Kumar Singh,J.)
September 23, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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