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Allahabad High Court

MOHAMMAD NISAR MANSOORIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Anticipatory bail cannot be granted for a bailable offense.

Summary

The applicant, Mohammad Nisar Mansoori, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code, claiming he was charged under Section 137(2) of the BNS, a cognizable but bailable offense. The learned Additional Government Advocate objected, stating that anticipatory bail is not maintainable for bailable offenses. Upon being informed of this objection, the applicant’s counsel requested permission to withdraw the anticipatory bail application and seek regular bail instead. The court accepted the withdrawal and dismissed the anticipatory bail application. Consequently, the matter was left for the applicant to approach the appropriate court for regular bail.

Issues considered

  • Whether an anticipatory bail application is maintainable for a bailable offense under Section 137(2) of the BNS.

Legislation cited

Subjects

  • anticipatory bail
  • bailable offense
  • Section 482
  • Section 137(2)
  • withdrawal of application
  • criminal procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9645 of 2026

                                    Mohammad Nisar Mansoori
                                                                                                .....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 a 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.



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




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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