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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Kuldeep – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The present petition is the second attempt under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioners in case bearing FIR No.38 dated 11.03.2015, registered for the offences punishable under Sections 302, 342, 148, 149 of the IPC at Police Station Behal, District Bhiwani, Haryana.
2. Shorn of non-essential details, relevant factual matrix of the lis in hand reads thus:
(i) On 11.03.2015, the FIR in question came to be registered on the statement of Ashok Kumar, cousin of the deceased Manish Kumar, alleging that the deceased, namely Manish Kumar was brutally assaulted by multiple accused persons including the present petitioners, resulting in his death.
(ii) The allegations disclose a monetary dispute relating to an amount of Rs.4,80,000/- allegedly paid for procuring the employment which led to enmity and culminated in the alleged homicidal assault.
(iii) During the course of investigation, the Deputy Superintendent of Police, Siwani, found no sufficient evidence at that stage against the present petitioners. Consequently, they were kept in Column No. 1
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
A second anticipatory bail petition requires substantial change in circumstances from the previous rejection, and mere hostility of a witness does not suffice for bail in serious homicide cases.
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....
A second or successive petition for anticipatory bail is maintainable but requires a substantial change in circumstances to succeed. Repetitive filings for the same relief without such changes consti....
Serious allegations of harassment leading to suicide can justify denial of anticipatory bail; the court must balance individual rights against societal interests.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
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