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SUMEET GOEL
Bhisham Singh – Appellant
Versus
State of Haryana – Respondent
What is the maintainability of a second/successive anticipatory bail petition under Section 438 Cr.P.C. when the first petition was withdrawn? What are the factors or criteria for determining substantial change in circumstances for a second anticipatory bail petition to be entertained? What is the court’s stance on relying on new documents or photographs as a basis for granting a second anticipatory bail petition in cases involving serious offenses?
JUDGMENT
Mr. Sumeet Goel, J.
The present second petition has been filed by the petitioner-Bhisham Singh under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') seeking pre-arrest anticipatory bail in FIR No.83 dated 20.07.2023 registered under Sections 354A of IPC (Sections 376(2)(n) and 511 of IPC was added later on) at Police Station Women Police Station, Ballabgarh, Haryana
2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:
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.
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
(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....
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
A second application for anticipatory bail under Section 438, Cr. P. C. is not maintainable even if new circumstances develop after rejection or disposal of an earlier application.
Second or subsequent bail applications can be filed when there are change in circumstances, so that petitioner could establish entitlement of bail/anticipatory bail in view of change in circumstances....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
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.
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