The earlier bail application of the appellant was allowed by the High Court vide order dated 03.10.2023. However, the said order was set aside by this Court. Thereafter, the appellant applied afresh for bail before the High Court and the said application was rejected solely on the ground that Supreme Court of India while canceling the bail granted by the High Court, had not given any liberty to the appellant to file a fresh bail application.
{Para 3}
4. There is no prohibition in filing a fresh bail application after the earlier was rejected or cancelled, if granted. This Court in canceling the bail application has not taken away the right of the appellant to apply for bail afresh, if the circumstances permit.
5. Filing of a fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right and solely on the ground that the Apex Court had not permitted filing of the fresh bail application, the High Court was not justified in dismissing the bail application.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 726 of 2025
Vipin Kumar Vs. State of U.P.
Hon'ble Judges/Coram:
Pankaj Mithal and S.V. Bhatti, JJ.
Date of Order: 13.02.2025
Citation: MANU/SCOR/19612/2025
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