Allahabad High Court
SHAHJADI @ GUDIYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The anticipatory bail application is dismissed as not pressed.
Summary
The applicant, Shahjadi @ Gudiya, filed an anticipatory bail application under Sections 115(2), 108 and 351(3) of the BNSS in a criminal case (Crime No. 321 of 2026). The applicant had earlier obtained a stay of arrest through a criminal miscellaneous writ petition (No. 18857 of 2026) pending a police report under Section 193(3) BNSS. Counsel argued that the present anticipatory bail application was not pressed and could be filed later if needed. The Court examined the record and agreed that the application was premature. Consequently, the Court dismissed the anticipatory bail application as not pressed, allowing the applicant to file a fresh application at the appropriate stage.
Issues considered
- Whether the anticipatory bail application filed by the applicant is pressed at the present stage
Legislation cited
- BNSS — s. 108, 115(2), 193(3), 351(3)
Subjects
- anticipatory bail
- Section 482
- not pressed
- criminal procedure
- stay of arrest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9720 of 2026
Shahjadi @ Gudiya
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite Party(s)
Counsel for Applicant(s) : Gaytri Rajput, Indra Pal Singh Rajpoot
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A for the State
and perused the record.
2. The present application has been filed on behalf of the applicant in Case
Crime No. 321 of 2026, under Sections 115(2), 108, 351(3) BNS, Police
Station Bewar, District Mainpuri with a prayer to grant her anticipatory bail.
3. It is submitted by the learned counsel for the applicant that the
applicant and others filed a Criminal Misc. Writ Petition No. 18857 of
2026, which has been disposed of by Division Bench of this Court vide
order dated 16.9.2026 and arrest of the applicant has been stayed till
submission of police report under Section 193(3) BNSS. He, however,
submits that the present application be dismissed as not pressed, at this
stage, with liberty to the applicant to file a fresh anticipatory bail
application at the appropriate stage, if so required.
4. With the aforesaid liberty, present anticipatory bail application is
dismissed as not pressed.
5. Office is directed to return the certified copies to the learned counsel
for the applicant after obtaining photocopies of the same as per rules.
(Vivek Kumar Singh,J.)
September 18, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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