Allahabad High Court
SANTI ALIAS GAURAVversusSTATE OF U.P.
- Decided
Holding
The anticipatory bail application was dismissed for want of prosecution.
Summary
The applicant, Santi alias Gaurav, filed a second anticipatory bail application in Criminal Misc. Bail Application No. 30365 of 2020, seeking release on bail if arrested in Crime No. 74 of 2018 under Sections 306 and 354 of the Indian Penal Code. The first anticipatory bail application had already been rejected by the same court on its merits. No counsel appeared on behalf of the applicant, while the State was represented by learned AGA B.P. Singh. The court noted that this was a repeat application and, finding no pending prosecution, dismissed the 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 and there is no pending prosecution?
Legislation cited
- Indian Penal Code — s. 306, 354
Subjects
- anticipatory bail
- Indian Penal Code
- Section 306
- Section 354
- bail dismissal
- repeat application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30365 of 2020
Santi Alias Gaurav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pavan Kumar Mishra, Saurabh
Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appears on behalf of the applicant.
2. Shri B.P. Singh, learned AGA for the State is present.
3. The present application has been moved seeking anticipatory bail in Case
Crime no.74 of 2018, under Sections 306, 354 of I.P.C, Police Station
Kotwali Nagar, District Saharanpur, 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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