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Allahabad High Court

SMT RAEESA @ RAHEESAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Anticipatory bail cannot be granted for a bailable offense; the application was dismissed as withdrawn.

Summary

The applicant, Smt Raeesa, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The State opposed, noting that she had been charge-sheeted for an offense under Section 137(2) of the BNS, which is a cognizable but bailable offense. The learned Attorney General argued that anticipatory bail is not maintainable for bailable offenses. The applicant’s counsel then requested permission to withdraw the anticipatory bail application and seek regular bail instead. The Court dismissed the application as withdrawn, granting the applicant liberty to approach the appropriate court for regular bail.

Issues considered

  • Whether an anticipatory bail application under Section 482 CrPC is maintainable for a bailable offense under Section 137(2) of the BNS

Legislation cited

Subjects

  • anticipatory bail
  • bailable offense
  • Section 482 CrPC
  • Section 137(2) BNS
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9599 of 2026

                                    Smt Raeesa @ Raheesa
                                                                                                             .....Applicant(s)
                                                                             Versus
                                    State of U.P. and Another
                                                                                                        .....Opposite Party(s)

                                    Counsel for Applicant(s)                           :    Upendra Kumar Tiwari
                                    Counsel for Opposite Party(s)                      :    G.A.

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

                                    1. The Learned A.G.A. has raised preliminary objection stating that the applicant has
                                    been charged-sheeted for an offense under section 137 (2) of BNS, which is although
                                    the cognizable offense, but is a bailable offense. For a bailable offense, an anticipatory
                                    bail application is not maintainable.

                                    2. On being confronted with this fact, Learned counsel for the applicant prays that he
                                    may be permitted to withdraw this application and move the appropriate Court for
                                    seeking regular bail.

                                    3. This application is dismissed as withdrawn with the aforementioned liberty.

                                    September 30, 2026
                                    Sachin
                                                                                                  (Rajiv Lochan Shukla,J.)




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

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