Neutral Citation No. - 2025:AHC:73336 Court No. - 66 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2805 of 2025 Applicant :- Yogendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Opposite Party :- G.A.,Ram Krishna Dubey Hon'ble Sameer Jain,J. 1. Sri Imran Khan, learned AGA apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally, disposed off. 2. Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant; Sri Ram Krishna Dubey, learned counsel for the informant and Sri Imran Khan, learned A.G.A. for the State- respondent. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 331 of 2023, under Sections 323, 506, 308 IPC, Police Station Dilari, District Moradabad, with a prayer to enlarge him on anticipatory bail, till the conclusion of trial. 4. Learned counsel for the applicant submitted that this is second anticipatory bail application filed on behalf of the applicant and his first anticipatory bail application was dismissed on merit by this Court vide order dated 13.12.2024 passed in Crl. Misc. Anticipatory Bail Application No. 430 of 2024 but he is pressing the instant anticipatory bail application on the ground that now charge sheet has been filed against the applicant and during investigation Investigating Officer procured one document of the hospital which suggests that injured under intoxication fell from the motorcycle and sustained injuries and therefore, considering this fact, the instant anticipatory bail application should be allowed. 5. He further submitted that applicant is having no previous criminal history to his credit and he is having apprehension that if he will appear before the court concerned then he will be sent to jail. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that this is second anticipatory bail application filed on behalf of the applicant and his first anticipatory bail application has been dismissed on merit after considering entire facts of the case. 7. They further submitted that even the fact disclosed by learned counsel for the applicant in the instant second anticipatory bail application cannot be termed as 'a fresh ground'. They further submitted that even on the basis of the medical report, the statements of eye witnesses cannot be disbelieved which were recorded during investigation and therefore, instant anticipatory bail application should be dismissed. 8. I have heard learned counsel for both the sides and perused the record of the case. 9. This is the second anticipatory bail application filed on behalf of the applicant and his first anticipatory bail application has already been dismissed on merit after considering entire facts in detail. 10. The instant anticipatory bail application has been filed on the sole ground that now charge sheet has been filed and from the charge sheet it reflects that when the injured was taken to hospital then it was informed to hospital that he sustained injuries while he fell down from the motorcycle and at the time of incident he was under intoxication. This Court finds merit in the argument advanced by learned AGA as well as learned counsel for informant that neither this ground can be 'a fresh ground' to consider the second anticipatory bail application of the applicant, nor merely on the basis of medical document of the injured the statements of eye witnesses recorded during investigation can be disbelieved. 11. Therefore, considering the facts and circumstances of the case, the instant second anticipatory bail application is devoid of merit and is, accordingly, dismissed. 12. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 6.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad