Allahabad High Court
DESHRAJversusSTATE OF U.P.
- Decided
Holding
A second anticipatory bail application cannot be entertained when the earlier application has been dismissed on merit, and therefore must be dismissed for want of prosecution.
Summary
The applicant, Deshraj, filed a second anticipatory bail application in a criminal case (Crime No. 610 of 2016) under Section 3364‑A of the Indian Penal Code, seeking release if arrested. The application was filed before the High Court of Judicature at Allahabad, with counsel Irshad Ahmad representing the applicant and G.A. for the State. The court noted that a prior anticipatory bail application by the same applicant had been dismissed on merit on 9 July 2019 (Criminal Misc. Bail Application No. 22224 of 2017). Relying on the principle that a repeat bail application cannot be entertained where the earlier application was dismissed for lack of merit, the court dismissed the present application for want of prosecution. No further arguments or evidence were presented, and the learned Additional Government Advocate was the only counsel present.
Issues considered
- Whether a second anticipatory bail application can be entertained after the first has been dismissed on merit.
Legislation cited
- Indian Penal Code — s. 3364-A
Subjects
- anticipatory bail
- repeat bail application
- criminal procedure
- bail dismissal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 47956 of 2023
Deshraj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Irshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised.
2. No one appears on behalf of applicant. Learned AGA is present.
3. The present application has been moved seeking anticipatory bail in Case
Crime No.- 610 of 2016, under Sections 3364-A of I.P.C., Police Station
Hayat Nagar, District Sambhal, with the prayer that in the event of arrest,
applicant may be released on bail.
4. This is second bail filed on behalf of applicant and his first bail
application has been dismissed on merit vide order dated 09.07.2019 passed
in Crl. Misc. Bail Application No.-22224 of 2017 (Deshraj Vs. Sate of U.P.).
5. Accordingly, the application is dismissed for want of prosecution.
(Jitendra Kumar Sinha,J.)
March 18, 2026
Virendra
Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad
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