VIKAS BAHL
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent
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In view of the above, the present petition is dismissed as withdrawn.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 pendin
Successive anticipatory bail applications should not be entertained without a change in circumstances.
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
A second anticipatory bail application is non-maintainable if the petitioner conceals prior court orders and fails to comply with commitments to surrender, reflecting bad faith toward the court.
Second anticipatory bail petitions under Section 438 Cr.P.C. are maintainable if substantial changes in circumstances are demonstrated; mere reliance on new documents is insufficient.
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