Third anticipatory bail application rejected after prior rejection on merit; no new grounds found. Applicants directed to appear before trial court within 30 days.
Third anticipatory bail application rejected; applicants directed to appear before trial court within 30 days to move bail application.
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Neutral Citation No. - 2024:AHC:187426
Court No. - 88
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11070 of 2024
Applicant :- Ausaf Siddiqui And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui,Mohd. Kalim,Shashi Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material placed on record.
This third anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 07 of 2022, under sections 420, 120-B, 467, 468, 471 IPC (State Vs. Ausaf Siddiqui and another), Police Station Deoband, District Saharanpur during the pendency of investigation.
The first anticipatory bail application was rejected by this court on 25.01.2023 after considering merit of the case and the second was dismissed by order dated 03.09.2024 due to non appearance.
It is submitted by learned counsel for the applicants that the anticipatory bail applications of the co-accused persons have been granted by the Hon'ble Supreme Court. It is further submitted that the applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the trial/investigation.
Learned A.G.A. opposed the prayer as aforesaid and contended that the bail application of the applicants was rejected by this court on merit after considering all the facts and circumstances of the case on 25.01.2023. Since then they are not appearing before the court but avoiding their presence and misusing the process of the court by moving anticipatory bail applications again and again.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. and perusal of record, since first anticipatory bail application was decided on merit after considering all the
facts of the case and it was rejected on 25.01.2023 and there appears no new ground to grant anticipatory bail in favour of the applicants. Accordingly, this third anticipatory bail application is rejected .
The applicants are directed to appear before the trial court within 30 days from today and move bail application which shall be heard and decided by the learned trial court as expeditiously as possible in accordance with law.
Order Date :- 28.11.2024
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail should be granted when a previous bail application was already rejected on merit due to lack of new grounds.
Whether repeated filing of bail applications after rejection constitutes misuse of court process.
Whether the applicants are entitled to anticipatory bail given their prior non-appearance in court.
1 provisions across 1 enactments
Ausaf Siddiqui
Subhash Chandra Sharma
Ratan Prakash Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
