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Allahabad High Court

VIVEKversusSTATE OF U.P.

Decided

Holding

The anticipatory bail application is disposed of, with the applicant allowed to withdraw it and move a regular bail application within four weeks, and no coercive action shall be taken against him during that period.

Summary

The applicant filed an anticipatory bail application under Section 482 of the Code of Criminal Procedure. After hearing, the applicant sought to withdraw the anticipatory bail application and instead move a regular bail application in the pending criminal case. The opposing State had no objection to the withdrawal. The court permitted the withdrawal, directed that the applicant appear before the concerned court within four weeks to file a regular bail application, and ordered that no coercive action be taken against him during that period. The anticipatory bail application was therefore disposed of, with liberty to seek regular bail expeditiously.

Issues considered

  • Whether the anticipatory bail application can be withdrawn at the applicant's request
  • Whether the applicant may be protected from coercive action pending filing of a regular bail application

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • Section 482 CrPC
  • withdrawal of application
  • coercive action

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9611 of 2026

                                    Vivek
                                                                                                 .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)                     :    Garun Pal Singh
                                    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.461 of 2025, under Sections 191(2),
                                    191(3), 190, 115(2), 352, 117(2), 110, 324(4), 109(1) and 3(5) of B.N.S.,
                                    P.S.- Gonda, District- Aligarh, 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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