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Allahabad High Court

SANDEEP ALIAS SANDEEP KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application was dismissed as withdrawn, with liberty to re‑file after complete disclosure of prior criminal antecedents.

Summary

The applicant, Sandeep alias Sandeep Kumar, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The learned Additional Government Advocate highlighted that the applicant had a prior criminal case which was not disclosed in the supporting affidavit, contrary to Rule 18(7) of the Court Rules. Upon being confronted, the applicant's counsel requested permission to withdraw the current application and file a fresh one with full disclosure of his criminal antecedents. The court allowed the withdrawal, directing that the application be dismissed as withdrawn and granting liberty to re‑file after compliance with the disclosure requirement. The certified copy of the application, if any, was ordered to be returned to the applicant's counsel.

Issues considered

  • Whether an anticipatory bail application can proceed when the applicant fails to disclose prior criminal antecedents as mandated by Rule 18(7).
  • Whether the applicant may withdraw the anticipatory bail application and re‑file a fresh one after full disclosure.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • withdrawal of application
  • criminal antecedents
  • Rule 18(7) Court Rules
  • procedural compliance

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9625 of 2026

                                    Sandeep Alias Sandeep Kumar
                                                                                               .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)      : Hari Narayan Singh
                                    Counsel for Opposite Party(s) : G.A., Rajesh Kumar Mall, Vinod
                                                                    Kumar Shukla

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

                                    1. The learned A.G.A. has pointed out that the applicant has a criminal
                                    history of one other case, which has not been explained in the affidavit
                                    accompanying the present anticipatory bail application, as required under
                                    Chapter XVIII, Rule 18(7) of the Rules of the Court.

                                    2. On being confronted with this fact, learned counsel for the applicant
                                    prays that he may be permitted to withdraw the present anticipatory bail
                                    application with the liberty to file a fresh anticipatory bail application
                                    after disclosing the complete criminal antecedents of the applicant, as
                                    required under Chapter XVIII, Rule 18(7) of the Rules of the Court.

                                    3. Dismissed as withdrawn with the above mentioned liberty.

                                    4. Office is directed to return the certified copy, if any, filed along with
                                    the bail application to the counsel for the applicant.



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




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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