Anticipatory bail - maintainability of a second anticipatory bail application after rejection of the first on merits. Learned State counsel opposed the petitioner's fresh anticipatory bail prayer as not maintainable, urging surrender before the learned Trial Court and recourse to regular bail, and additionally flagged a parallel NDPS prosecution (FIR No.65 dated 11.04.2023, Ss.15/29, Police Station Lehra). In addressing the point, the judgment reproduces precedent material: Kalyan Chandra Sarkar (Hon'ble Supreme Court, 2005(1) RCR(Criminal) 703) - personal liberty under Article 21, and room for a subsequent bail application where there is a change in the fact situation or in law or the earlier finding has become obsolete, though grounds canvassed earlier may not be re-agitated so as to cause speculation or forum hunting; Ganesh Raj (Full Bench of three Judges, Rajasthan High Court, 2005(3) RCR(Criminal) 30) - a second or subsequent Section 438 Cr.P.C. application is entertainable only within that limited area, never merely on new circumstances, further developments, different considerations, more details, new documents or illness of the accused, and under no circumstances by the Section Judge/Additional Sessions Judge; and Maya Rani Guin (three-judge Full Bench, ordered to be re-considered by a Bench of five Judges of Calcutta High Court) - option to move the High Court or Court of Session, restrictions on cross-forum movement after rejection, and entitlement to a second application only on substantial change in facts and circumstances due to subsequent events. The extract is truncated: no court name, case number, coram, party names or final order appear, and no holding of the present court is recorded in the available text.
