The court rejected an anticipatory bail application under Section 438 Cr.P.C. filed by Tuntun Kumar Byahut, who was accused of manufacturing illegal liquor. The Single Judge held that he had no prima facie case for bail given his criminal history.
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Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12687 of 2022
Applicant :- Tuntun Kumar Byahut Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Sinha Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
having him arrested in a mala fide manner. It may also be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The powers under Section 438 Cr.P.C. cannot be utilized in a routine manner and definitely not as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law.
10. It is made clear that observations made in rejecting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 25.1.2023 Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant who has a criminal history in similar cases and is implicated in the alleged manufacture of illegal liquor.
1 provisions across 1 enactments
Tuntun Kumar Byahut
State of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
