Allahabad High Court
PAPPUversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty to file a fresh application after full disclosure of criminal antecedents.
Summary
The applicant, Pappu, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The informant's counsel highlighted that the applicant had a pending criminal case (Case Crime No.141/2026) and had failed to disclose this in his affidavit, falsely declaring no prior criminal history. Confronted with this omission, the applicant's counsel requested permission to withdraw the current application and file a fresh one with full disclosure, invoking Rule 18(7) of the Court Rules. The court accepted the withdrawal, dismissed the application, and granted liberty to file a new anticipatory bail application after proper disclosure. The certified copy of the bail application, if any, was ordered to be returned to the applicant's counsel.
Issues considered
- Whether the anticipatory bail application can be withdrawn after filing.
- Whether the applicant must disclose all prior criminal antecedents under the Rules of the Court.
- Whether Rule 18(7) of Chapter XVIII of the Rules of the Court permits withdrawal and re‑filing of an anticipatory bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Rules of the Court — s. Chapter XVIII, Rule 18(7)
Subjects
- anticipatory bail
- Section 482 CrPC
- criminal antecedents
- withdrawal of application
- Rule 18(7)
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9683 of 2026
Pappu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarve Nazir, Zafar Abbas
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Shri Bharat Singh, Learned counsel for the informant has pointed out
that the applicant has a criminal history of one case being Case Crime
No.141/2026 in which the wife of the applicant had applied for
anticipatory bail before this Court. The applicant has not disclosed this
fact in affidavit filed before this Court and a declaration has been made
that the applicant has no other criminal history.
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 17, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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