Allahabad High Court
HIMANI YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court disposed of the anticipatory bail application, granting a three‑week stay of coercive action and directing that a regular bail application be filed within that period.
Summary
The applicants filed an anticipatory bail application under Section 482 of the Criminal Procedure Code, invoking Sections 85 and 80(2) of the BNS Act and Sections 3 and 4 of the D.P. Act, in a criminal case registered at Bijnor. During the hearing, the senior counsel for the applicants sought to withdraw the anticipatory bail petition and instead move a regular bail application before the appropriate court, requesting an expeditious decision. The opposite party raised no objection to this request. The court directed that the applicants must file the regular bail application within three weeks, and that no coercive action be taken against them during that period. The anticipatory bail application was consequently disposed of, with a clear order that no further time would be granted to comply with the order.
Issues considered
- Whether an anticipatory bail application can be withdrawn in favour of filing a regular bail application.
- Whether a stay of coercive action can be granted pending the filing of a regular bail application.
Legislation cited
- BNS Act — s. 80(2), 85
- Code of Criminal Procedure, 1973 — s. 482
- D.P. Act — s. 3, 4
Subjects
- anticipatory bail
- regular bail
- stay of coercive action
- Criminal Procedure Code
- BNS Act
- D.P. Act
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9811 of 2026
Himani Yadav And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Prakash, Sr. Advocate
Counsel for Opposite Party(s) : Adil Khan, G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Shri Gaurav Kakkar, learned Senior Advocate assisted by Sri
Raghvendra Prakash, learned counsel for the applicants, Sri Adil Khan,
learned counsel for the informant, learned A.G.A. appearing for the State
and perused the records.
2. The present application has been filed on behalf of the applicants in
Case Crime No. 230 of 2026, under Sections 85, 80(2) of BNS and
Section 3/4 of D.P. Act, Police Station Syohara, District Bijnor, with a
prayer to grant them anticipatory bail.
3. After some arguments, learned Senior 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 counsel for the opposite parties have 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
NABAIL No. 9811 of 2026
2
shall be taken against the applicants herein in pursuance of aforesaid case.
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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