Successive anticipatory bail applications should not be entertained without a change in circumstances.

JUDGMENT

Vikas Bahl, J. (Oral). - This is the second petition under Section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 168 dated 01.04.2022, under Sections 420, 467, 468 and 471 IPC, registered at Police Station Pataudi, District Gurugram.

2. At the outset, it would be relevant note that the petitioner had filed a bail application before the Additional Sessions Judge, Gurugram and vide order dated 21.04.2022, the Additional Sessions Judge, Gurugram was pleased to dismiss the said anticipatory bail application. Thereafter, the petitioner had filed CRM-M-17504-2022, in which, the following order was passed by this Court on 28.04.2022: -

Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No. 168 dated 01.04.2022 registered under Sections 420, 467, 468, 471 of the Indian Penal Code, 1860 at Police Station Pataudi, District Gurugram.

After arguing for sometime and after seeing that this Court is not inclined to interfere in the matter, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition.

In view of the above, the present petition is dismissed as withdrawn.

All the pending miscellaneous applications, if any, stand disposed of in view of the abovesaid order.

3. A perusal of the above order would show that the matter was argued and when this Court opined that it was not inclined to interfere in the matter, learned counsel for the petitioner, who had filed the first anticipatory bail, in order to avoid a detailed adverse order on merits, sought permission of this Court to withdraw the said petition. After a period of one month from the passing of the said order, the present petition has been filed through a different counsel. No subsequent event or change in circumstance, much less, substantial change in circumstance has been pointed out by learned counsel for the petitioner or averred in the present petition.

4. This Court in the order dated 04.03.2022 passed in CRM-M- 9107-2022 titled as Bhunesh Vs. State of Haryana, had noticed this unfortunate tendency growing among unscrupulous litigants, of first, arguing the anticipatory bail application and when it surfaces that the Court is not inclined to grant the same, then withdrawing the same, in order to avoid passing of an adverse order and thereafter, within few days, without any justification, again file a second anticipatory bail. Relevant portions of the said order dated 04.03.2022 are reproduced hereinbelow:-

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This Court is of the view that there is a stark difference between filing of subsequent/successive regular bail applications or for suspension of sentence and filing of subsequent/successive anticipatory bail applications. In the case of regular bail applications, where a person is already in custody, any subsequent regular bail application filed, even after the first has been withdrawn, would normally be considered, since, the factum of further custody would normally be a changed circumstance. It is always open for an accused who is in custody to show that his further incarceration for some months/years is a changed circumstance, entitling him to regular bail. To exemplify, in case, a person is accused of an offence for which the maximum sentence is 10 years and his first bail application, which was filed after undergoing two years of custody, has been rejected, it would be open for that person to come after a year or after a substantial period of further custody has been undergone by him and the Courts could well grant the concession of bail to the accused on the ground of period of custody undergone. In the subsequent regular bail applications, there could be several factors in addition to long incarceration, which could be raised for instance, it could also be shown that there was a delay in the trial or that some material witness has demolished the case of the prosecution, which would come within the meaning of changed circumstances, so as to