Vinod Bakshi vs The State (GNCT Delhi)

Badar Durrez Ahmed, J.—This is the fourth application u/s 438 of the Code of Criminal Procedure. The earlier three applications were rejected by this Court. The learned counsel for the State, Mr Sharma has strongly relied upon the Division Bench decision of the Calcutta High Court in the case of Kalidas Mitra v. the State: 1989 3 (Crimes) 652. In that decision, it has been held that the provisions of Section 438 and 439 are somewhat different in the sense that while u/s 439, repeated applications for bail can be made and there is no limitation to the number of such applications, the same is not possible u/s 438 and the Court held that once an application for anticipatory bail u/s 438 has been rejected, a second application under the same provision would not lie. The Supreme Court in the case of State of Maharashtra Vs. Captain Buddhikota Subha Rao, held that unless there was any substantial change in the second situation, successive applications for bail ought not to be entertained. Although that decision was with regard to Sections 436 and 437, analogous principles would apply.

Anyhow, without entering into any further dispute on this issue, I feel that this application deserves dismissal. Accordingly, the same is dismissed.