Allahabad High Court
ROHITversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application is dismissed as withdrawn, with liberty granted to the applicant to file an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
Summary
The applicant, Rohit, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. He later moved the court seeking permission to withdraw that application and instead file an appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned counsel for the informant, Ajay Pratap Singh, raised no objection to the withdrawal. The court considered whether the applicant could be allowed to withdraw the bail application and be granted liberty to pursue the statutory appeal. Finding no impediment, the court dismissed the anticipatory bail application as withdrawn and granted the requested liberty to file the appeal. The order was pronounced by Justice Rajiv Lochan Shukla on 28 September 2026.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be withdrawn by the applicant.
- Whether the applicant may be granted liberty to file an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act after withdrawing the bail application.
Legislation cited
Subjects
- anticipatory bail
- withdrawal of application
- SC/ST Act
- Section 14A
- Criminal Procedure Code
- appeal
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9771 of 2026
Rohit
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vivek Singh
Counsel for Opposite Party(s) : Ajay Pratap Singh, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. The Learned counsel for the applicant prays that he may be permitted
to withdraw this application with liberty to file an appeal under Section
14A (2) of the The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and the same may be dismissed as
withdrawn.
2. Sri Ajay Pratap Singh, the Learned counsel for the informant has no
objection to the same.
3. This application is dismissed as withdrawn with the above-mentioned
liberty.
(Rajiv Lochan Shukla,J.)
September 28, 2026
Junaid
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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