Anticipatory Bail -- Second or Successive Petition Without Change in Circumstances -- Maintainable in law but fails absent substantial change in circumstances
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.482 -- Anticipatory Bail -- Second or Successive Petition Without Change in Circumstances -- A second or successive anticipatory bail petition is maintainable in law regardless of whether the earlier petition was dismissed as withdrawn, as not pressed, for non-prosecution or on merits. Its success requires a substantial change in circumstances; a mere superficial or ostensible change, including subsequent creation of a document, does not suffice. The test is whether the subsequent development changes the basis on which the earlier petition was rejected. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.482 -- Anticipatory Bail -- Delay in Approaching Court After Dismissal of First Plea -- Prolonged and unexplained absence of the accused from the process of law between dismissal of the first petition and filing of the second amounts to abuse of the process of justice. Irregular and convoluted tactics aimed at frustrating lawful proceedings do not merit the indulgence of the court in granting anticipatory bail.
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