Allahabad High Court
RAJENDRA SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court allowed the withdrawal of the anticipatory bail application and ordered that a regular bail application filed within three weeks be heard expeditiously, staying any coercive action in the meantime.
Summary
The applicants, Rajendra Singh and two others, were charged in a 1999 case under IPC sections 420, 467, 468, 470 and 471. They filed an anticipatory bail application under Section 482 of the CrPC. Subsequently, they sought to withdraw that application and instead file a regular bail petition, requesting the court to decide the bail matter promptly. The State’s Additional Government Advocate raised no objection. The court permitted the withdrawal, directed that if the applicants appear within three weeks and file a regular bail application it will be heard and disposed of expeditiously, and ordered a three‑week stay on any coercive action against them, with no further time to be granted. The anticipatory bail application was therefore disposed of.
Issues considered
- Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the court can direct an expeditious hearing of a regular bail application.
- Whether a stay of coercive action can be ordered pending the regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 420, 467, 468, 470, 471
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action stay
- expeditious disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9804 of 2026
Rajendra Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicants, 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. 283 of 1999, under Sections 420, 467, 468, 470, 471 of
I.P.C., Police Station Pooranpur, District Pilibhit, with a prayer to grant
them anticipatory bail.
3. After some arguments, learned counsel for the applicants 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 applicants appear
before the concerned court and apply for bail within three weeks from
today, their application for bail shall be considered and disposed of
expeditiously in accordance with law.
6. However, For a period of three weeks from today, no coercive action
shall be taken against the applicant herein in pursuance of aforesaid case.
7. With these observations, the application is disposed of.
NABAIL No. 9804 of 2026
2
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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