Second anticipatory bail

Sushil Sharma (Querist) 17 February 2012 This query is : Resolved
1st anticipatory bail application was withdrawn before issuing of notice to state, whether 2nd is maintainable.

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Kiran Kumar (Expert) 17 February 2012
yes second anticipatory bail is maintainable...

on what grounds the previous bail application was withdrawn...if the court records that after arguing the matter on merits the petitioner seeks to withdraw the application then the subsequent application will create problem.

therefore, much depends upon the circumstances which compelled the petitioner to withdraw the first bail application.

Tajobsindia (Expert) 18 February 2012
A second application for anticipatory bail is not barred even if the earlier bail application was decided on merits or not permitted or dismissed for default.

You may also refer to FB decision

re.: Ganesh Raj v. State of Rajasthan, 2005 CrLJ 2086

Sushil Sharma (Querist) 22 February 2012
thanx to both

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