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Allahabad High Court

KRISHNA KUMAR SHUKLAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application was dismissed as withdrawn, with liberty to file a fresh application after full disclosure of prior criminal antecedents.

Summary

The applicant, Krishna Kumar Shukla, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The learned Additional Government Advocate highlighted that the applicant had two prior criminal cases which were not disclosed in the supporting affidavit, a breach of Rule 18(7) of the Rules of the Court. Upon being confronted, the applicant’s counsel requested permission to withdraw the present application and file a fresh one with full disclosure of his criminal antecedents. The Court accepted the request, dismissed the present application as withdrawn, and granted liberty to re‑apply after complying with the disclosure requirement. The certified copy of the application, if any, was ordered to be returned to the applicant’s counsel.

Issues considered

  • Whether an anticipatory bail application can be entertained when the applicant fails to disclose prior criminal cases as required under Chapter XVIII, Rule 18(7) of the Rules of the Court.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • non‑disclosure
  • Rule 18(7)
  • withdrawal
  • criminal antecedents
  • procedural compliance

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 9837 of 2026

                                    Krishna Kumar Shukla
                                                                                               .....Applicant(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Alka, Rakesh Kumar Rathore, Rekha
                                                                    Sahu
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 71
                                                     HON'BLE RAJIV LOCHAN SHUKLA, J.

                                    1. The learned A.G.A. has pointed out that the applicant has criminal
                                    history of two other cases, which has not been explained in the affidavit
                                    accompanying the present anticipatory bail application, as required under
                                    Chapter XVIII, Rule 18(7) of the Rules of the Court.

                                    2. On being confronted with this fact, learned counsel for the applicant
                                    prays that he may be permitted to withdraw the present anticipatory bail
                                    application with the liberty to file a fresh anticipatory bail application
                                    after disclosing the complete criminal antecedents of the applicant, as
                                    required under Chapter XVIII, Rule 18(7) of the Rules of the Court.

                                    3. Dismissed as withdrawn with the above mentioned liberty.

                                    4. Office is directed to return the certified copy, if any, filed along with
                                    the bail application to the counsel for the applicant.



                                                                                     (Rajiv Lochan Shukla,J.)
                                    September 29, 2026
                                    Junaid




Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad


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