Allahabad High Court
SURENDRA KUMARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that the anticipatory bail application could be withdrawn and the applicant may file a regular bail application within four weeks, with a stay on any coercive action during that period.
Summary
The applicant filed an anticipatory bail application under CrPC s.482. Counsel sought permission to withdraw the application and file a regular bail application within four weeks. The Attorney General raised no objection. The Court allowed the withdrawal, directed that the applicant may file a regular bail application in the pending criminal case (Crime No. 0099 of 2026) within four weeks, and ordered that no coercive action be taken against him during that period. The anticipatory bail application was rejected, and the matter was disposed of.
Issues considered
- Whether an anticipatory bail application under s.482 can be withdrawn by the applicant.
- Whether the applicant may be permitted to file a regular bail application in the pending criminal case.
- Whether any coercive action can be stayed pending the regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 109(1), 115(2), 190, 191(2), 191(3), 351(3), 352, 482
Subjects
- anticipatory bail
- regular bail
- withdrawal of application
- coercive action
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9624 of 2026
Surendra Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambrish Chandra Pandey, Pramod
Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, the Sri Devesh Kumar Shukla, 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. 0099 of 2026, under Sections 191(2), 191(3), 190,
115(2), 352, 351(3), 109(1) BNS, Police Station-Chandaus, 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.
September 30, 2026
Sartaj
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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