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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Ajarudin @ Azru – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
1. 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, 379B, 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 1. Rahun@ Rahul s/o Nasru, R/o village Nawli (Kotawas), 2. Azru s/o Amin, R/o Thalchana, Tehsil Pahari (Rajasthan), 3. Kala s/o Kamru, R/o Tapkan, P.S. and Distt. Nuh. Sir, it is requested that I, Aarastoon w/o Shokeen permanent resident of village Sakras, P.S. Ferozepur Jhirka, Distt. Nuh and a house maker. About 2% months ago that I had came to my parental village Nawli and my elder son Abrar 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 Rahun @Rahul, who is resident of my parental
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....
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....
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
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