Dismissed¶21

Gudiya v. State of U.P.

Allahabad HC19 Mar 2026NABAIL/1678/2026

Case brief

AI extract

What is this about?

Second anticipatory bail application under S.482 BNSS dismissed by Allahabad High Court (Jitendra Kumar Sinha, J., 19 March 2026) in Case Crime No. 46 of 2018, Ss. 420, 406, 506 IPC, P.S. Kunderki, Moradabad (Gudiya v. State of U.P., NABAIL No. 1678 of 2026). First anticipatory bail application rejected on merits in 2020; charge sheet filed 2020; parity with co-accused granted bail afterwards held not a good ground; Ganesh Raj v. State of Rajasthan & Ors, 2005 Cri LJ 2086 cited by applicant on maintainability of second application; State opposed through AGA B.P. Maurya.

What did the court decide?

None; anticipatory bail refused and the second anticipatory bail application dismissed. ¶21

Gudiya vs State of U.P. — Cheating and Forgery | Allahabad HC (2026)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1678 of 2026

Gudiya

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

¶8

Counsel for Applicant(s)	: Madan Singh
Counsel for Opposite Party(s)	: G.A. (Senior Advocate)

¶9

Court No. - 72

¶10

HON'BLE JITENDRA KUMAR SINHA, J.

¶11

Heard Mr. Madan Singh, learned counsel for the applicant, Mr. B.P. Maurya, learned A.G.A. for the State and perused the record.

¶12

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.

¶13

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.

¶14

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

¶15

NABAIL No. 1678 of 2026

¶16

¶17

cooperating in the trial as the charge sheet in the case has been filed way back in the year 2020.

¶18

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.

¶19

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.

¶20

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.

¶21

In view of the above, the instant second anticipatory bail application is dismissed.

¶22

(Jitendra Kumar Sinha,J.)

¶23

March 19, 2026

¶24

Rama Kant

¶25

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Gudiya v. State of U.P.

Case brief

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Gudiya v. State of U.P.

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