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SUMEET GOEL
X (44113) – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.:- The present third petition has been filed by the petitioner-Ajarudin @ Azru under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’) seeking pre-arrest/anticipatory bail in FIR No. 107 dated 01.05.2019 registered under Sections 376-D, 379-B, 506 of IPC and Section 67-A of IT Act at Women Police Station Nuh District Nuh, Haryana.
2. The case set up in the FIR in question (as set out by the petitioner in the petition) is as follows:
P.S. Women Station,
Nuh,
Subject: application for registration of the case against XXXX.
Sir,
it is requested that I, XXXX permanent resident of village XXXX and a house maker. About 2½ months ago that I had came to my parental village XXXX and my elder son XXXX used to remain ill. That I was going to Nalhar hospital, Nuh for his treatment and when I was waiting for passenger vehicle while standing at Bodi Kothi then accused XXXX who is resident of my parental village XXXX , to whom I know him already, came on his Splender motorcycle having black colour and asked me that where you are going, thereupon I replied that I am going to Nalhar Hospital for getting treatment of my son. The
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
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.
(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.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
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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