The Punjab & Haryana High Court has said that successive bail applications filed under Section 438 CrPC are maintainable even if the earlier petition was dismissed.
Bench of Justice Sumeet Goel observed that, "Second/successive anticipatory bail petition(s) is maintainable whether earlier petition was dismissed as withdrawn/dismissed as not pressed/dismissed for non-prosecution or earlier petition was dismissed on merits."
These observations came in response to the second pre-arrest bail of a man accused of committing rape on his own daughter, booked under Sections 354-A of IPC, Sections 376(2)(n) and 511 of IPC.
The Court noted that the sole ground, as urged by counsel appearing for the petitioner, to file the second anticipatory bail is that the petitioner has come into possession of certain photographs which substantiate the case of the petitioner.
Consequently, the plea was dismissed stating that, "the allegations raised against the petitioner are extremely serious in nature. Even if it be assumed that no recovery is to be made from the petitioner, this by itself would not be sufficient cause to grant anticipatory bail to the petitioner."
Title: Bhisham Singh v. State of Haryana (2024)
Read Order: https://acrobat.adobe.com/id/urn:aaid:sc:AP:ebc945de-08e4-423b-9b54-c3b43c24b7a0
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