Allahabad High Court
PREMversusSTATE OF U.P.AND ANOTHER
- Decided
Holding
A second anticipatory bail application is dismissed when the earlier application has already been rejected and no new material is presented.
Summary
The applicant sought anticipatory bail in a criminal case (Crime No. 84 of 2019) involving alleged offences under IPC sections 376-D and 506, Section 4 of the Protection of Children from Sexual Offences Act, and Section 3(2) of the SC/ST Act. This was the second bail application filed; the first had already been rejected on its merits. No counsel appeared for either party, though the State's Additional Government Advocate was present. The Court noted that the earlier bail application had been dismissed and, finding no new material, dismissed the present application for want of prosecution. Consequently, the applicant was not granted anticipatory bail.
Issues considered
- What is the appropriate disposition of a second anticipatory bail application when the first has been rejected on merits?
Legislation cited
- Indian Penal Code — s. 376-D, 506
- Protection of Children from Sexual Offences Act — s. 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)
Subjects
- anticipatory bail
- IPC
- PCSO Act
- SC/ST Act
- bail application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14838 of 2020
Prem
.....Applicant(s)
Versus
State Of U.P.And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Yadav, Kamlendra Tripathi,
Shyam Lal
Counsel for Opposite Party(s) : G.A., Shyam Sunder, Sunil Vashisth
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appear either on behalf of the applicant or
on behalf of the first informant.
2. Shri Chandra Shekhar Saran, learned AGA for the State is present.
3. The present application has been moved seeking anticipatory bail in Case
Crime no.84 of 2019, under Sections 376-D, 506 of I.P.C. and Section 4 of
Protection of Children from the Sexual Offences and Section 3(2) 5 of
SC/ST Act, Police Station Pahasu, District Bulandshahr, with the prayer that
in the event of arrest, applicant may be released on bail.
4. This is the second bail application filed on behalf of the applicant, and
the first bail application has already been rejected by this Court on merits.
5. In view of the above, the application is dismissed for want of prosecution.
(Jitendra Kumar Sinha,J.)
March 19, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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