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Allahabad High Court

PRAMOD KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court dismissed the anticipatory bail application, permitted its withdrawal, and directed that a regular bail application be considered expeditiously within four weeks, with no coercive action taken against the applicant.

Summary

The applicant filed an anticipatory bail application under Section 482 of the CrPC. After hearing, the applicant sought to withdraw the anticipatory bail application and move a regular bail application in the underlying criminal case (Crime No. 192 of 2010) involving offences under Sections 419, 420, 467, 468, 471 IPC and Sections 6 and 10 of the Public Examination Act. The respondent’s counsel raised no objection to the withdrawal. The High Court allowed the withdrawal, directed that the applicant file a regular bail application within four weeks, and ordered that no coercive action be taken against him during that period. The anticipatory bail application was consequently dismissed and the matter was disposed of.

Issues considered

  • Whether the anticipatory bail application can be withdrawn and the applicant permitted to seek regular bail.
  • Whether the court can stay any coercive action against the applicant pending the regular bail application.

Legislation cited

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                                                         BNSS No. - 9616 of 2026

                                    Pramod Kumar
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                 :   Pramod Kumar Srivastava
                                    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. 192 of 2010, under Sections 419, 420, 467, 468, 471 IPC
                                    and 6/10 Public Examination Act, Police Station-Saini, District-Kaushambi,
                                    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.

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




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad


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