Second Anticipatory Bail Plea Maintainable If Reason For Rejection Of First Bail Plea Has Been Washed Off: Allahabad High Court

Facts 

Anurag Dubey was charged with violating IPC Sections 147, 148, 149, and 307. The Court had rejected his initial request for bail because a proclamation under Section 82 of the Criminal Procedure Code had been issued against him designating him as a fugitive. 

The High Court, however, granted the accused's petition under Section 482 CrPC on October 28, 2021, after rejecting his bail request on October 4, 2021, nullifying the contested order that had authorised the issuance of the proclamation under Section 82 Cr.P.C. against the accused. 
The court's judgement of October 28, 2021 eliminated the reason for refusing the initial release request, therefore the accused went to the High Court with the current second anticipatory bail.

Arguments 

It was argued that the proclamation order under Section 82 Cr.P.C. was quashed and that three co-accused individuals had also been granted anticipatory bail through various High Court orders. 

Additionally, it was argued that the applicant/accused had a kidney transplant on April 1, 2022, making his physical and medical conditions so delicate that he should be maintained in isolation to prevent secondary infections.

Judgement 

The Court noted that the second application for anticipatory bail is maintainable after hearing from the parties' attorneys and reviewing the material in the case file. The Court emphasised that since the reason for rejecting the first application for anticipatory bail has been removed (the order declaring him an absconder has been overruled) and other co-accused parties have been granted anticipatory bail, it may be viewed as a new/fresh ground.