A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.

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:

“To,

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. Thereupon XXXX said that I am also going to Nalhar Hospital for my own work and I will also drop you over there. Having acquaintance with him, I sat on his motorcycle of XXXX. When we reached at Badkali Chowk then there one boy namely XXXX met us over there. He said to XXXX that he has urgent work and come with me for a while. Then accused XXXX also took ride with us on the same motorcycle and accused XXXX took his motorcycle towards Punhana. When we reached 2½ kilometers away from the Badkali Chowk then XXXX stopped his motorcycle at a isolated place with a pulia falling under the road and accused XXXX called another boy XXXX by making a telephonic call. That XXXX was holding a cold drink bottle, took me to the mustered field and started making obscene activity. When I objected it to then XXXX taken out a country made pistol (Katta) from his trouser and given it to XXXX. That accused XXXX put this country made pistol (Katta) on the temple of my son XXXX and said that if you do not agree to our asking then your son will be eliminated. That seeing the danger to the life of my son, I surrendered myself in their demands of accused XXXX and accused XXXX committed rape with me against my wish and his friend XXXX also committed rape with me against my wish and they captured a video of my rape in the phone of XXXX and XXXX snatched golden chain (Hansli) from my neck and accused XXXX also robbed of Rs.2000/- from me. Thereafter, all three accused ran away while dropping me at Badkali Chowk and said to me while going that in case you tell this things to anyone then we will kill you and your son. We have made your video and will uploaded it on Net. Till today, I kept my self silent on account of fear of defame but now I came to know that accused XXXX uploaded this video on net and by which I have been highly defamed in the society. Thus, it is requested to you to take strict action against the accused persons while registering case.

Sd/-

XXXX”

3. The present petition is the third attempt by the petitioner to secure anticipatory bail.

3.1 The first petition (for grant of anticipatory bail) was dismissed vide order dated 30.07.2021 by a coordinate Bench of this Court, relevant whereof reads as under:

“1. xxx xxx xxx xxx

2. Learned counsel for the petitioner would contend that the petitioner herein has been falsely implicated in the present case, as the allegations as set out in the FIR are not sustainable. It is argued that nothing is to be recovered from him, therefore, he would no longer be required for any custodial interrogation.

3. Notice of motion.

4. Learned counsel appearing on behalf of the respondent-State opposes the grant of bail to the petitioner while contending that there are serious allegations against the petitioner herein and recovery of his mobile phone