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Allahabad High Court

SALMANversusSTATE OF U.P.

Decided

Holding

A second anticipatory bail application is dismissed when the earlier application on the same facts has already been rejected.

Summary

The applicant, Salman, filed a second anticipatory bail application in Criminal Misc. Bail Application No. 7151 of 2020, seeking bail in a case (Crime No. 239 of 2019) involving alleged offences under Sections 452, 354, 354(Ka) and 376D of the Indian Penal Code. The first bail application had already been rejected by the same court on its merits. No counsel appeared for the applicant, while the State's Additional Government Advocate was present. The court noted that this was a repeat application and, having already dismissed the earlier application, found no basis to entertain it. Consequently, the application was dismissed for want of prosecution.

Issues considered

  • What is the appropriate disposition of a second anticipatory bail application when the first has been rejected on merits?

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 452
  • Section 354
  • Section 354(Ka)
  • Section 376D
  • bail application dismissal
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 7151 of 2020

                                    Salman
                                                                                                  .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                 :   Avnish Kumar Srivastava
                                    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.239 of 2019, under Sections 452, 354, 354(Ka), 376D of I.P.C.,
                                    Police Station Sardhana, District Meerut, 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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