Allahabad High Court
GUDIYAversusSTATE OF U.P.
- Decided
Holding
A second anticipatory bail application is not maintainable where the first application was heard and dismissed on merits and no fresh ground is raised.
Summary
The applicant, Gudiya, filed a second anticipatory bail application under Section 482 of the CrPC in a case involving offences under Sections 420, 406 and 506 IPC. Her earlier anticipatory bail request was rejected by the Allahabad High Court in 2020 after being heard on merits. She argued that co‑accused persons had subsequently been granted anticipatory bail and relied on the Rajasthan High Court decision in Ganesh Raj v. State of Rajasthan for the maintainability of a second application. The State opposed, contending that the first application had been decided on merits and no new ground was raised. The Court observed that the grant of bail to co‑accused after the applicant’s rejection does not constitute a fresh ground for relief. Consequently, the Court dismissed the second anticipatory bail application.
Issues considered
- Whether a second anticipatory bail application can be entertained after the first one has been dismissed on merits
- Whether the grant of anticipatory bail to co‑accused persons after the applicant’s rejection provides a fresh ground for relief
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
Subjects
- anticipatory bail
- second application
- Criminal Procedure Code
- co‑accused
- bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 1678 of 2026
Gudiya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Madan Singh
Counsel for Opposite Party(s) : G.A. (Senior Advocate)
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Madan Singh, learned counsel for the applicant, Mr. B.P.
Maurya, learned A.G.A. for the State and perused the record.
2. The present second anticipatory bail application has been moved
seeking anticipatory bail in Case Crime No. 46 of 2018, under Sections
420, 406, 506 IPC, Police Station- Kunderki, District- Moradabad with
the prayer that in the event of arrest, applicant may be released on bail.
3. It is contended by the learned counsel for the applicant that this is the
second anticipatory bail application of the applicant and her first
anticipatory bail application has been rejected in the year 2020 by this
Court. It is further submitted that the co-accused persons have been
granted anticipatory bail and the role of the applicant is not
distinguishable from the role of the co-accused persons who have been
granted anticipatory bail subsequent to the dismissal of the earlier
anticipatory bail application of the applicant. It is further submitted that in
view of the law laid down by the Hon'ble Rajasthan High Court in
Ganesh Raj v. State of Rajasthan & Ors, [2005CRILJ2086] decided on
01 April, 2005, the second anticipatory bail application is maintainable.
4. On the other hand, learned AGA for the State has opposed the prayer
for grant of second anticipatory bail and it is submitted by him that first
anticipatory bail application of the applicant was heard and decided on
merits. It is further submitted by him that the applicant has not been
NABAIL No. 1678 of 2026
2
cooperating in the trial as the charge sheet in the case has been filed way
back in the year 2020.
5. This is the second anticipatory bail application of the applicant and her
first anticipatory bail application was heard and dismissed on merits by
this Court.
6. No fresh ground has been raised except that the co-accused persons
have been granted anticipatory bail subsequent to the rejection of the
earlier bail application of the applicant.
7. Grant of anticipatory bail to co-accused persons, subsequent to the
dismissal of the earlier anticipatory bail application of the applicant, is not
a good ground to the applicant for anticipatory bail, once her first
anticipatory bail application was heard and rejected on merits by this
Court.
8. In view of the above, the instant second anticipatory bail application is
dismissed.
(Jitendra Kumar Sinha,J.)
March 19, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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