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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

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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