Allahabad High Court
AJAD SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court permitted the withdrawal of the anticipatory bail application, stayed any coercive action for fifteen days, and ordered that any regular bail application filed within that period be decided expeditiously.
Summary
The applicant, Ajad Singh, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 508 of 2025). He later requested to withdraw the anticipatory bail application and instead seek regular bail before the trial court, asking for an expeditious decision. The State's Advocate did not oppose this request. The High Court allowed the withdrawal, directing that if the applicant files a regular bail application within fifteen days, it will be considered promptly, and no coercive action will be taken against him during that period. The court disposed of the anticipatory bail application and clarified that no further time will be granted beyond the stipulated fifteen days.
Issues considered
- Whether an anticipatory bail application can be withdrawn by the applicant.
- Whether the court can direct a stay of coercive action pending a regular bail application.
- Whether the court may set a time‑limit for filing a regular bail application and mandate its expeditious disposal.
Legislation cited
- BNS — s. 310(2), 317(3)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- stay of coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9797 of 2026
Ajad Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mithilesh Kumar Shukla, Nagendra
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Shri Mithilesh Kumar Shukla, learned counsel for the applicant,
learned A.G.A. appearing for the State and perused the records.
2. The present application has been filed on behalf of the applicant in
Case Crime No. 508 of 2025, under Sections 310(2), 317(3) of BNS,
Police Station Phoolpur, District Prayagraj, with a prayer to grant him
anticipatory bail.
3. After some arguments, learned counsel for the applicant prays that he
may be permitted to withdraw this application and move an appropriate
application seeking regular bail before the concerned Court. He prays that
a direction may be given to the concerned court to decide the bail
application expeditiously.
4. Learned AGA has no objection to the said prayer.
5. On the prayer made, it is provided that in case the applicant appears
before the concerned court and applies for bail within fifteen days from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law.
6. However, For a period of fifteen days from today, no coercive action
shall be taken against the applicant herein in pursuance of aforesaid case.
NABAIL No. 9797 of 2026
2
7. With these observations, the application is disposed of.
8. It is made clear that no further time shall be granted to comply with this
order.
(Vivek Kumar Singh,J.)
September 21, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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