The Allahabad High Court noted that if the justification for denying the first bail plea has been removed, the Court may consider the second anticipatory bail motion. Anurag Dubey, who was charged under Sections 147, 148, 149, and 307 IPC, was given anticipatory bail by the court. In light of the fact that a proclamation under Section 82 of the Criminal Procedure Code had been issued against him designating him an absconder, the court had rejected his initial request for release.
It was stated that the proclamation order under Section 82 CrPC. was annulled and that three co-accused individuals had also been granted anticipatory bail through various High Court rulings. 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.
In the instant case titled Anurag Dubey (Second bail) v. State Of U.P. Thru. Prin. Secy. Home, the issue raised before the Allahabad High Court was:
Whether second anticipatory bail can be considered?
With regard to the issue, the court emphasized that the second anticipatory bail application is maintainable because the grounds for rejecting the first anticipatory bail application have been removed (the decision declaring him an absconder has been overturned), and other co-accused parties have been granted anticipatory release.
On October 28, 2021, the High Court granted the accused's petition under Section 482 CrPC, nullifying the impugned judgment that had issued the proclamation under Section 82 Cr.P.C. against him. The court's judgment of October 28, 2021, removed the reason for rejecting the initial release request, therefore the accused went to the High Court with the current second anticipatory bail.
The applicant/physical accused's and medical conditions were also taken into consideration by the court. It was revealed that he had a kidney transplant on April 1, 2022, and because such a patient is vulnerable to infections, if the applicant were to be detained for any reason, his life would be in danger.
The court categorically stated that:
“Hon'ble Apex Court has observed that successive anticipatory bail applications on the same grounds and facts may not be entertained but in the present case, the ground is different, rather it is fresh ground and the reason for rejecting the first bail application has been washed off, therefore, the second anticipatory bail application may be considered. There is one relevant aspect relating to the physical/ medical condition of the present applicant, which discloses that the present applicant has undergone a kidney transplant on 01.04.2022 and the patient, who has undergone a kidney transplant recently, is prone to infections, therefore, in such condition, if the applicant is taken into custody for any reasons, his life would be endangered.”
Hence, the court granted him bail and the applicant may not take benefit of his physical/ medical condition and he will cooperate with the trial proceedings to the best of his medical condition and capability.