Neutral Citation No. - 2025:AHC-LKO:15912 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 333 of 2025 Applicant :- Raj Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Applicant :- Ashok Shukla,Amit Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State- opposite parties 1 and 2. In view of order being passed notices to opposite party no.3 stand dispensed with. 2. This Anticipatory Bail Application has been filed with regard to Case Crime No.206 of 2022 under Sections 419, 420, 467, 468, 471 and 120-B I.P.C, P.S. Wazirganj, District Lucknow. 3. Mr. Ashok Kumar Singh, learned Additional Government Advocate has raised a preliminary objection regarding maintainability of this Application in view of fact that the applicant earlier also had filed Bail Application no.3180 of 2024 in court of Sessions Judge, Lucknow in which although initially an ad interim order had been passed vide order dated 20.04.2024 but the Bail Application itself was rejected due to non-prosecution vide order dated 03.05.2024. 4. Learned counsel for applicant however submits that since the said Anticipatory Bail Application was not decided on merits, the present Anticipatory Bail Application would be maintainable particularly in view of fact that there is no provision under Code of Criminal Procedure for recalling any order. 5. Considering submissions advanced by learned counsel for the parties and perusal of material on record, it is admitted that the earlier Anticipatory Bail Application of applicant filed in the Court of Sessions Judge, Lucknow has been rejected vide order dated 03.05.2024 on ground of non-prosecution. It is thus evident that the said Anticipatory Bail Application has not been rejected on merits and therefore since principles of res-judicata will not be applicable, applicant can very well avail himself of remedy of filing of fresh Anticipatory Bail Application before the Court concerned. 6. In view of aforesaid, the present Anticipatory Bail Application is disposed of granting liberty to applicant to file a fresh Anticipatory Bail Application before court concerned. Order Date :- 19.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench