Recently, The Allahabad HC Lucknow ruled that if the reason for rejecting the first bail application has been washed off, the second anticipatory bail application may be considered.
The bench of Justice Rajesh Singh Chauhan was dealing with the application filed seeking by the applicant apprehending his arrest in F.I.R. registered under Sections 147, 148, 149 & 307 IPC.
The applicant has filed a second anticipatory bail application as the first anticipatory bail application has been rejected by the Court.
In this case, the Counsel for the applicant submitted that the Judge, who has rejected the first anticipatory bail application, has been transferred to another State, therefore, the second anticipatory bail application may be entertained by the regular Court. It was submitted that the ground of rejection of the first anticipatory bail application has been washed off.
The issue for consideration before the bench was:
Whether the anticipatory bail could be granted to the applicant or not?
The bench stated that if the reason for rejecting the first anticipatory bail application has been washed off and other co-accused persons have been granted anticipatory bail, it may be considered as a fresh/ new ground.
High Court observed that successive anticipatory bail applications on the same grounds and facts may not be entertained but in the present case, the ground is different, rather it is a fresh ground and the reason for rejecting the first bail application has been washed off, therefore, the second anticipatory bail application may be considered.
The bench stated that “There is one relevant aspect relating to physical/ medical condition of the present applicant, which discloses that the present applicant has undergone kidney transplant and the patient, who has undergone kidney transplant recently, is prone to infections, therefore, in such condition, if the applicant is taken into custody for any reasons, his life would be endangered. However, it is observed that the present applicant may not take benefit of his physical/ medical condition and he will cooperate with the trial proceedings to the best of his medical condition and capability.”
In view of the above, the High Court allowed the appeal.
Case Title: Anurag Dubey v. State Of U.P.
Bench: Justice Rajesh Singh Chauhan
Case No.: CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1327 of 2022