ALLAHABAD HIGH COURT: SUBSEQUENT ANTICIPATORY BAIL PLEAS MAINTAINABLE ON EMERGENCE OF SUBSTANTIAL CHANGE IN FACTS AND CIRCUMSTANCES

The Allahabad High Court in the case Shahjad Alais Mohammad Sajjad And Another vs. State Of U.P Thru. Prin. Secy. Home And Another observed that the person can move subsequent bail anticipatory bail applications on the emergence of substantial change in facts and circumstances.

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The bench headed by Justice Mohd. Faiz Alam Khan in the case observed and has held that there is no restriction on moving subsequent anticipatory bail applications if there is a change in circumstances.

The court noted that there being no bar in the Code of Criminal Procedure on moving subsequent regular bail applications under section 439 of the Code of Criminal Procedure, CrPC.

The court granted the anticipatory bail to two accused (Shahjad and Peena) who are apprehending their arrest in a case of abetment to suicide.

Further, the bench rejected the contention raised by AGA that the second anticipatory bail application of the applicants was not maintainable. Background of the case: