Can a High Court Dismiss an Anticipatory Bail Application as Withdrawn on the Applicant’s Request?

High Court permits withdrawal of an anticipatory bail petition when unopposed, reaffirming its procedural discretion.

 

Summary

Category Data
Case Name ABA/401/2025 of VISHVAS RALHAN Vs STATE OF UTTARAKHAND
CNR UKHC010053642025
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Disposal Nature DISMISSED AS WITHDRAWN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
Facts as Summarised by the Court
  • Application for anticipatory bail under IPC Sections 323, 498A, 504, 506
  • Withdrawal requested by applicant and unopposed
Citations 2025:UHC:7235

What’s New / What Lawyers Should Note

  • High Court exercises its procedural power to dismiss an anticipatory bail application as withdrawn when the applicant so requests and no party opposes.
  • No formal opposition from State or informant will normally lead to acceptance of withdrawal.
  • The order carries no adjudication on merits and may be relied upon to streamline unopposed bail petitions.

Arguments by the Parties

Petitioner (Applicant Counsel)

  • On instructions from the applicant, sought permission to withdraw the anticipatory bail application.

Respondent / Informant Counsel

  • Did not oppose the withdrawal request.

Factual Background

The applicant filed an anticipatory bail petition in Case Crime No. 136 of 2025 at Police Station Kashipur under IPC Sections 323, 498A, 504, and 506. At the hearing before Justice Alok Kumar Verma, counsel for the applicant moved to withdraw the petition. Neither the State nor the informant opposed the request. The Court dismissed the application as withdrawn without considering its merits.

Citations

  • 2025:UHC:7235

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