Second Anticipatory Bail Plea Maintainable If Reason For Rejection Of First Bail Plea Has Been Washed Off: Allahabad High Court

The Allahabad High Court last week observed that the second anticipatory bail application may be considered by the Court if the reason for rejecting the first bail application has been washed off.

With this, the bench of Justice Rajesh Singh Chauhan granted anticipatory bail to one Anurag Dubey who has been booked under Sections 147, 148, 149 & 307 IPC. His first bail plea had been rejected by the Court in view of the fact that a proclamation under Section 82 Cr.P.C. was issued against him declaring him an absconder.

However, after the rejection of his bail plea on October 4, 2021, the High Court allowed his petition under Section 482 CrPC of the accused on October 28, 2021, thereby quashing the impugned order whereby the proclamation under Section 82 Cr.P.C. was issued against him.

Since the ground of rejection of the first bail plea had been washed off vide Court's order dated October 28, 2021, the Accused moved to the High Court with the instant second anticipatory bail.

It was argued that the order of the proclamation under Section 82 Cr.P.C. was quashed and that three co-accused have also been granted anticipatory bail vide different orders passed by the High Court. It was also contended that the accused/applicant has undergone a kidney transplant on April 1, 2022, and therefore his physical/ medical condition is so sensitive that he should be kept under isolation to avoid further infections.

Having heard the counsel for the parties and having perused the material available on record, the Court, at the outset observed that the second anticipatory bail application is maintainable as the Court stressed that since the reason for rejecting the first anticipatory bail application has been washed off (order declaring him an absconder has been set aside) and other co-accused persons have been granted anticipatory bail, it may be considered as a fresh/ new ground.

"I am aware of the law that the Hon'ble Apex Court has 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 Court further remarked.

Further, the Court also took into account the fact that the physical/ medical condition of the applicant/accused, which disclosed that he has undergone a kidney transplant on April 1, 2022, and since such a patient is prone to infections, therefore, in such condition, if the applicant is taken into custody for any reasons, his life would be endangered. With this, the Court decided to grant him bail.

However, the Court directed the applicant not to take benefit of his physical/ medical condition and that he will cooperate with the trial proceedings to the best of his medical condition and capability. 

Case title - Anurag Dubey (Second bail) v. State Of U.P. Thru. Prin. Secy. Home [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION 438 CR.P.C. No. - 1327 of 2022]

Case Citation: 2022 LiveLaw (AB) 444

Click Here To Read/Download Order