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2025 DAILYLAW 107398 (ALL)

SAMEER SINGH v. STATE OF U.P.

ABAIL/11728/2024 · 2025-07-06

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107474 Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11728 of 2024 Applicant :- Sameer Singh Opposite Party :- State of U.P. Counsel for Applicant :- A.K.S.Parihar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 3. Heard Sri A.K.S.Parihar, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. The present application for anticipatory bail has been filed for protection in regard to Case No. 4110 of 2019, arising out of FIR/Case Crime No. 32 of 2019, under Sections 307, 504 I.P.C., P.S.- Paschim Sharira, District- Kaushambi. 5. This is the second anticipatory bail application. First anticipatory bail application was rejected by this Court vide order dated 03.05.2023 passed in Criminal Misc. Anticipatory Bail Application No. 2119 of 2023. Already more than two years have been passed since the rejection of first application for anticipatory bail, as such, there is no apprehension of arrest of the applicant as he has not been arrested till date. Instant second anticipatory bail application is misuse of process of Court as there is no provision in Cr.P.C. to grant second anticipatory bail to the accused. 6. Considering the rival submissions advanced by the learned counsel for the parties, I do not find it a fit case for grant of anticipatory bail to the applicant. 7. In view of the above, the present second anticipatory bail application is found devoid of merits and is, accordingly, rejected. Order Date :- 7.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad