HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7814 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Shri Anurag Srivastava, Advocate, holding the brief of Shri Ashwini Kumar, Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0673 of 2025, under Sections 3(5), 103(1), 115(2), 352 and 351(3) of the B.N.S., 2023, Police Station – Katghar, District Moradabad, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. The Learned counsel for the applicant has stated that this is a second anticipatory bail and the new ground that the Learned counsel has canvassed is that the police recorded the statement of one Ajay Kumar Singh who had arrived at the spot first in point of time and had taken the injured to the hospital. He did not see the applicant on the spot. 4. The Learned A.G.A. has opposed the prayer for bail and has contended that the statement has not been recorded post rejection of the anticipatory bail application of the applicant and the said statement had been recorded and was present in the case diaries. The Learned A.G.A. has further submitted that the witness is not an eye witness and as per his own statement, he on receiving a phone call from one of his friends who informed him that he should come out of his house and see that somebody has been stabbed, he came out and then took the injured to the hospital. The Learned A.G.A. states that he is not an eye witness of the occurrence. This Court had refused to entertain the anticipatory bail of the applicant and the co-accused Anil Kumar Sharma, taking note of the specific role given to the applicant in Versus Counsel for Applicant(s) : Ashwini Kumar, Ganesh Shanker Srivastava Counsel for Opposite Party(s) : G.A. Anang Kaushik .....Applicant(s) State of U.P. .....Opposite Party(s) the FIR which was duly corroborated by the eye witness account. 5. I have considered the submissions made by the Learned counsel for the parties. 6. The statement of the witness that is being referred to by the Learned counsel for the applicant has not been recorded post the rejection of the bail application of the applicant. The same cannot constitute a new ground for consideration of anticipatory bail application of the applicant. A second anticipatory bail application cannot be filed to review the earlier order. Only a fresh ground can be taken into consideration. In the opinion of the Court, no new ground has been brought to the notice of the Court which may have arisen post rejection of the anticipatory bail application of the applicant and his application is thus liable to be rejected. 7. A further argument has been made by the Learned counsel for the applicant that co-accused Akash Rawat alias Sona has been granted regular bail by this Court vide the order dated 31.08.2026. In the opinion of the Court, merely because the co-accused has been granted regular bail would not constitute a fresh ground for consideration of anticipatory bail of the applicant. 8. The Learned counsel for the applicant has stated that an independent witness, namely Vineet Gupta, has clearly stated that the applicant was not involved in the murder of the deceased, namely Vinayak. Even the said argument does not impress the Court as the witness, Vineet Gupta, does not claim to be an eye witness of the occurrence. 9. The anticipatory bail application of the applicant is hereby rejected. 10. However, in the event the applicant appears before the concerned Court and files an application for bail, the same shall be considered and decided independently on its own merits, without being influenced by the rejection of the present anticipatory bail application by this Court. Any observations made in this order are solely for the purpose of deciding the present application and shall not be construed as an expression on the merits of the case. September 29, 2026 Kushal NABAIL No. 7814 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad