Anshuman Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2698 of 2023 Applicant :- Anshuman Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amrit Kumar Tiwari, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2This is the second application seeking anticipatory bail for the applicant in F.I.R. bearing Case Crime No. 396 of 2022, under Sections 147, 148, 308, 324, 326, 427, 452, 504 & 506 IPC, Police Station Raunahi, District Faizabad/Adyodhya.

¶3First anticipatory bail application bearing No. 1974 of 2023 was rejected by means of an order dated 05.09.2023. The second application has been filed on the ground that when the applicant had gone to donate blood on 14.09.2023, he was found HIV positive and Hepatitis B positive.

¶4From the aforesaid averments made in the affidavit of the applicant itself, it appears that the applicant is not suffering from any apparent medical condition as he had himself gone to donate blood to some other person.

¶5Therefore, mere pathology report indicating that the applicant is suffering from some infections will not give a rise to a ground for granting anticipatory bail to the applicant after rejection of his first application.

¶6Accordingly, the second application for grant of anticipatory bail also stands rejected. Order Date :- 24.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench