In this bail application under Section 439 CrPC, the High Court dismissed the repeat application because the applicant failed to demonstrate any change in circumstances since the earlier dismissal, adhering to the principle against re-litigation without new facts.
Bail application dismissed due to lack of changed circumstances in a repeat filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 9843 of 2018
---- Applicant
Versus
---- Respondent
For Applicant : Shri D. Kushwaha, Advocate For Respondent/State : Shri Aditya Sharma, PL for the State
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
02/01/2019
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for the applicant is unable to explain any change of circumstances so as to consider this repeat bail application which has been moved within a short span of time. In view of this, I do not find any change of circumstances to reconsider this repeat bail application. Accordingly, the bail application is dismissed.
Sd/-
Goutam Bhaduri
Judge
Ashu
1 issue framed by the court
Whether the second bail application should be allowed given the lack of changed circumstances from the earlier dismissed application.
4 provisions across 4 enactments
Shamsher Ali
The State of Chhattisgarh Through The Station House Officer
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
