In Brief
A woman filed a petition in the High Court seeking anticipatory bail under Section 438 of the Criminal Procedure Code. The High Court rejected it, reasoning that she had previously filed a similar petition which was withdrawn, and therefore she could not re-agitate the matter. The Supreme Court set aside this rejection, holding that the principle of res judicata does not apply to bail applications. A withdrawn petition does not constitute a decision on merits and cannot bar a fresh application. The Court emphasised that when circumstances change, bail applications must be considered afresh on their merits by the High Court.
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