Allahabad High Court
ANUP YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that the applicant may withdraw the anticipatory bail application, seek regular bail within four weeks, and that non‑bailable warrants shall be stayed during that period.
Summary
The applicant sought anticipatory bail under Section 482 of the Criminal Procedure Code, but later requested to withdraw the application and instead apply for regular bail. The opposing counsel did not object to the withdrawal. The court allowed the withdrawal, directing that the applicant must appear before the concerned court within four weeks to file a regular bail application under Sections 109, 140(1), 3(5), 115(2) and 351(3) of the BNS Act, 1986, and that the pending non‑bailable warrants be stayed during this period. The court further ordered that the regular bail application be decided expeditiously and without prejudice from the earlier anticipatory bail rejection. Consequently, the anticipatory bail application was disposed of, and a stay on coercive action was granted for four weeks.
Issues considered
- Whether an anticipatory bail application can be withdrawn at the applicant's request.
- Whether the court can stay execution of non‑bailable warrants pending a regular bail application.
- Whether the earlier rejection of anticipatory bail can affect the consideration of a subsequent regular bail application.
Legislation cited
- BNS, 1986 — s. 109, 115, 140, 3, 351
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- regular bail
- stay of warrant
- criminal procedure
- withdrawal of application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9873 of 2026
Anup Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, Learned counsel for the applicant prays that he may
be permitted to withdraw this application with the liberty to the applicant to
approach the concerned Court for seeking regular bail. He further prays that
for a short time, the interest of the applicant may be protected.
2. The Learned AGA has no objection to the said prayer.
3. Taking into account the submissions made by the Learned counsel for the
parties, it is directed that in case the applicant appears before the Court
concerned within a period of four weeks from today and applies for bail in
Case Crime No. 211 of 2026, under Sections 109, 140(1), 3(5), 115(2), 351(3)
of BNS, 1986, Police Station Karimuddinpur, District Ghazipur, his application
for bail shall be considered and disposed of expeditiously, in accordance with
the law, without being influenced by any observations made by the concerned
Court while rejecting the anticipatory bail application of the applicant.
4. For a period of four weeks from today, the execution of non-bailable
warrants issued against the applicant in the aforesaid case shall remain
stayed./no coercive action shall be taken against the applicant in the aforesaid
case.
5. With the aforesaid observations/directions, this application stands disposed
of.
September 29, 2026
Junaid
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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