Subsequent Anticipatory Bail Pleas Maintainable On Emergence Of Substantial Change In Facts & Circumstances: Allahabad HC

Noting that there is no bar in the Code of Criminal Procedure on moving subsequent regular bail applications u/s 439 CrPC, a bench of Justice Mohd. Faiz Alam Khan held that there is no restriction on moving subsequent anticipatory bail applications if there is a change in circumstances.

Opining thus, the Court granted anticipatory bail to two accused (Shahjad and Peena) who are apprehending their arrest in a case of abetment to suicide. With this, the bench rejected the contention raised by AGA that the second anticipatory bail application of the applicants was not maintainable.

The case in brief

In the FIR, lodged against the applicants, the mother of the deceased levelled various allegations concerning the fact that only a day before marriage they refused to solemnize the marriage with her daughter on the pretext that Rs. one Lakh as agreed were not paid. The FIR also alleges that the applicants humiliated the deceased, due to which she died by suicide.

Seeking anticipatory bail in the case, the applicants had earlier moved the High Court wherein they were granted interim protection from arrest till the submission of a police report under Section 173 (2) CrPC liberty of the applicants was protected.

Though a chargesheet was filed before the date on which the final order was passed in the first Anticipatory Bail, under some bonafide belief, the Coordinate Bench could not be informed about the submissions of the charge sheet.

Thereafter, the instant second pre-arrest bail plea was moved by the applicants on the ground that they had cooperated in the investigation due to which the Investigating Officer did not find any opportunity or occasion to arrest them and thus, they sought their liberty be protected during the trial as well.

Court's observations

The Court, at the outset, took note of the rulings of the Supreme Court in the cases of Gurbaksh Singh Sibbia vs. State of Punjab 1980, Sushila Aggarwal vs State (Nct Of Delhi) and others and Kalyan Chandra Sarkar V. Rajesh Ranjan @ Pappu Yadav and another 2005 to observe that as per the scheme provided in the CrPC, moving of successive bail application and anticipatory bail applications are not barred, if there is change in the circumstances.

Further, taking into account the fact that the charge sheet has been filed against the applicants and nothing had been brought in the knowledge of the court which may suggest that the applicant has not cooperated in the investigation, the Court deemed it fit to grant them the benefit of anticipatory bail.

Accordingly, the Court directed that in the event of arrest of the applicants under any process of the trial court or on their appearance/ surrender before the trial court within 20 days, whichever is earlier, they shall be released forthwith on anticipatory bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the Trial Court concerned. With this, the anticipatory bail plea stood allowed.

Case title - Shahjad Alais Mohammad Sajjad And Another vs. State Of U.P Thru. Prin. Secy. Home And Another 2024 LiveLaw (AB) 22 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1016 of 2023]

Case citation: 2024 LiveLaw (AB) 22

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