High Court of Uttarakhand upholds procedural right to withdraw anticipatory bail petition following submission of closure report; no adjudication on merits
Summary
| Category | Data |
|---|---|
| Case Name | ABA No.216 of 2025 |
| CNR | UKHC010026302025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Dismissed as withdrawn |
| Judgment Author | Hon’ble Mr. Justice Alok Kumar Verma |
| Court | High Court of Uttarakhand |
| Bench | Single Judge |
| Type of Law | Criminal Procedure |
| Facts as Summarised by the Court |
|
| Citations | 2025:UHC:7267 |
What’s New / What Lawyers Should Note
- Applicants may withdraw their anticipatory bail applications at the hearing stage even after a closure report has been submitted.
- The High Court accepted the request to withdraw without examining merits of the bail petition or the closure report.
- Counsel can note this procedural outcome when considering withdrawal strategies in similar bail matters.
Summary of Legal Reasoning
- The court recorded that a closure report had been filed by the Investigating Officer before the court concerned.
- On the request of counsel for the applicants, the High Court exercised its procedural discretion to allow withdrawal of the anticipatory bail application.
- No substantive consideration was given to the merits of the petition or the contents of the closure report.
Arguments by the Parties
Petitioner (Applicants Alka and Sanjay)
- Moved for anticipatory bail in Crime No.562 of 2024 under IPC Sections 420 and 120B.
- Requested withdrawal of the application at the hearing stage.
Respondent (State/Investigating Officer)
- Submitted that a closure report had been filed before the court concerned.
Factual Background
- Alka and Sanjay filed ABA No.216 of 2025 seeking anticipatory bail in Crime No.562 of 2024 at Police Station SIDCUL, District Haridwar, under IPC Sections 420 and 120B.
- The Investigating Officer submitted a closure report before the court concerned.
- At the hearing on 18 August 2025, counsel for the applicants requested withdrawal of the bail application.
- The High Court dismissed the petition as withdrawn, without considering the merits of the petition or the closure report.
Statutory Analysis
- The bail application arose under Sections 420 and 120B of the Indian Penal Code, 1860.
- The judgment does not interpret these provisions; it focuses solely on the procedural withdrawal of the bail petition.
Citations
- 2025:UHC:7267
- CNR No. UKHC010026302025