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Allahabad High Court

UDAY NARAYANversusSTATE OF U.P.

Decided

Holding

The Court dismissed the anticipatory bail application as withdrawn, permitting the applicant to re‑file after disclosing his criminal history.

Summary

The applicant, Uday Narayan, filed an anticipatory bail application under Section 482 of the CrPC. The Attorney General highlighted that the applicant had a prior criminal case (Case Crime No.459 of 2008) under IPC sections 332, 353, 504, 506, which the applicant’s affidavit had omitted. Confronted with this discrepancy, the applicant’s counsel requested permission to withdraw the present application and re‑file a fresh one after fully disclosing the antecedents, invoking Chapter XVIII, Rule 18(7) of the Court Rules. The Court accepted the request, dismissed the application as withdrawn, and granted liberty to file a new application with complete disclosure. The certified copy of the bail 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.
  • Whether the applicant may be allowed to withdraw the application and re‑file after full disclosure as per Rule 18(7).

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • criminal antecedents
  • Section 482 CrPC
  • Rule 18(7) Court Rules
  • High Court of Allahabad

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9687 of 2026

                                    Uday Narayan
                                                                                               .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)                   :   Vinay Kumar Singh
                                    Counsel for Opposite Party(s)              :   G.A.

                                    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 being Case Crime No.459 of 2008, under
                                    Sections 332, 353, 504, 506 I.P.C., P.S. Kathaund, District Jalaun, which
                                    has not been explained. The declaration made on affidavit is that the
                                    applicant has no 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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