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Allahabad High Court

VIRENDRAversusSTATE OF U.P.

Decided

Holding

The court dismissed the third anticipatory bail application, holding that no fresh ground existed to merit granting bail and the application was dismissed for want of prosecution.

Summary

The applicant, Virendra, filed a third anticipatory bail application in Criminal Misc. Bail Application No. 53880 of 2019, seeking release on bail if arrested in a case (Crime No. 803 of 2017) under Sections 304 and 504 of the Indian Penal Code. The application was filed before the High Court of Judicature at Allahabad, with counsel Rohit Nandan Pandey and Sanjeev Kumar Pandey representing the applicant, and G.A. representing the State. The court noted that two earlier anticipatory bail applications by the same applicant had already been rejected on merits. Considering the repeated nature of the applications and the lack of any new material, the court dismissed the present application for want of prosecution. The dismissal effectively denies anticipatory bail to the applicant in the pending criminal proceedings.

Issues considered

  • Whether anticipatory bail can be granted in the present case under Sections 304 and 504 IPC
  • Whether a third anticipatory bail application can be entertained after two prior rejections

Legislation cited

Subjects

  • anticipatory bail
  • IPC 304
  • IPC 504
  • repeated bail applications
  • High Court of Allahabad

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 53880 of 2019

                                    Virendra
                                                                                                  .....Applicant(s)
                                                                         Versus

                                    State of U.P.
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Rohit Nandan Pandey, Sanjeev Kumar
                                                                    Pandey
                                    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 S.D. Shukla, learned AGA for the State is present.

                                    3. The present application has been moved seeking anticipatory bail in Case
                                    Crime no.803 of 2017, under Sections 304, 504 of I.P.C., Police Station
                                    Bhopa, District Muzaffar Nagar, with the prayer that in the event of arrest,
                                    applicant may be released on bail.

                                    4. This is the third bail application filed on behalf of the applicant, and his
                                    previous two bail applications have 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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