The applicant filed a second anticipatory bail application challenging an order from a co-ordinate bench that had previously dismissed an identical plea without liberty to move another. The court held the application was not maintainable and dismissed it without deciding merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10729 of 2021
Applicant :- Ram Kumar Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Rajesh Mishra, learned A.G.A. for the State, Sri Manish Goyal, learned A.A.G. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.322 of 2020, under Sections - 419, 420, 465, 467, 468 I.P.C., Police Station - Chaubepur, District - Kanpur Nagar, during pendency of trial.
Prior to hearing the present anticipatory bail, learned A.G.A. has submitted that it is second anticipatory bail application.
Previously, one Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 8720 of 2021 (Ram Kumar Dubey vs. State of U.P. and Another) was filed, which was entertained on 12.04.2021 by co-ordinate Bench of this Court, and after consideration of the anticipatory bail application, the order was passed, rejecting the anticipatory bail and no liberty was granted to move second anticipatory bail application. The order dated 12.04.2021 passed by co-ordinate Bench of this Court is extracted herein below :-
"In view of the guidelines of this Court dated 7.4.2021, the bail applications have been directed to be heard through video conferencing.
"Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Ram Kumar Dubey, in Case Crime No.322 of 2020, under Sections- 419, 420, 465, 467, 468 I.P.C., Police Station- Chaubepur, District- Kanpur Nagar, during pendency of trial.
Learned A.G.A. has pointed out that applicant has criminal history of one case under Sections 395, 397, 506, 283 I.P.C. and 7 of Criminal Law Amendment Act, which has not been disclosed in the anticipatory bail application.
In view of above, it is not a fit case for grant of anticipatory bail to the applicant.
It is accordingly rejected."
In view of above, claim made on behalf of the applicant by filing second anticipatory bail application is not sustainable.
However, learned counsel for the applicant has submitted that in this case, it so happened that the applicant's counsel was not on link, when aforesaid order was passed by the co-ordinate Bench of this Court.
At this stage, once again the learned A.G.A. intervened and submitted that so far as the mandate and reflection of the order is concerned, the same is apparent and transparent and utmost fair to the impact that the entirety of the case was taken into consideration, while passing the order previously on 12.04.2021. Therefore, the anticipatory bail application was dismissed without giving liberty to file fresh application. That being so, it is clear that except for rarest of rare occasions, second anticipatory bail application, in the event of one being dismissed on consideration is not maintainable as a matter of right.
As such, the submissions made by learned counsel for the applicant loses force and has got no significance in the eye of law.
Accordingly, this second anticipatory bail application being not maintainable, at this stage, is hereby dismissed . It is made clear that nothing has been observed by this Court on merits.
Order Date :- 20.7.2021 S Rawat
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.07.22 17:38:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a second anticipatory bail application is maintainable when a co-ordinate bench has previously dismissed the application without granting liberty to file further petitions.
Whether technical lacuna regarding counsel's link during video conference hearing alters the legal effect of the dismissal order allowing fresh application.
Ram Kumar Dubey
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
