Allahabad High Court
SMT RAEESA @ RAHEESAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
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Anticipatory bail cannot be granted for a bailable offense; the application was dismissed as withdrawn.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 The Court dismissed the application as withdrawn, granting the applicant liberty to approach the appropriate court for regular bail.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
- BNS — s. 137(2)
- Code of Criminal Procedure, 1973 — s. 482
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 This application is dismissed as withdrawn with the aforementioned liberty.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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