The High Court dismissed the petition seeking anticipatory bail under Section 438 Cr.P.C. It held that without any change in circumstances compared to a prior order, there was no justification to reconsider the prayer, and the application was intrinsically unsustainable.
Application filed under Section 438 Cr.P.C. for anticipatory bail is dismissed.
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ABLAPL NO.705 OF 2021
The matter is taken up through hybrid arrangement (virtual/physical) mode.
This is the second journey of the Petitioner in filing this application under section 438 of the Cr.P.C. for his grant of bail in the event of his arrest in connection with Baripada Town P.S. Case No. 162 of 2019 corresponding to G.R. Case No. 634 of 2019 on the file of learned S.D.J.M., Baripada running for alleged commission of offence under section 376(2)(n)/294/506/34 of the IPC.
Heard learned counsel for the Petitioner and learned counsel for the State.
Considering the submissions made and on going through the materials on record; further keeping in view earlier order dated 07.01.2021 passed in ABLAPL No. 11751 of 2019 and in the absence of any such change/s in the circumstance/s, this Court finds no such reason/justification to entertain this application for re-consideration of the prayer for grant of anticipatory bail to the Petitioner.
Accordingly, the ABLAPL stands dismissed.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Narayan
1 issue framed by the court
Whether an application for anticipatory bail (ABLAPL) can be entertained during a second journey given no change in circumstances.
1 provisions across 1 enactments
Petitioner
State
Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
