Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 30 (ALL)

GUDIYA v. STATE OF U.P.

NABAIL/1678/2026 · 2026-03-18

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1678 of 2026 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Madan Singh, learned counsel for the applicant, Mr. B.P. Maurya, learned A.G.A. for the State and perused the record. 2. 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. 3. 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. 4. 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 Versus Counsel for Applicant(s) : Madan Singh Counsel for Opposite Party(s) : G.A. (Senior Advocate) Gudiya .....Applicant(s) State of U.P. .....Opposite Party(s) cooperating in the trial as the charge sheet in the case has been filed way back in the year 2020. 5. 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. 6. 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. 7. 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. 8. In view of the above, the instant second anticipatory bail application is dismissed. March 19, 2026 Rama Kant NABAIL No. 1678 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad