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KARUNESH SINGH PAWAR
Bhagat Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State Mr. M.P.S. Gaur.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 13.7.2022, passed by Civil Judge (Junior Division)/F.T.C.-I, Gautam Budh Nagar in case No.100 of 2020, arising out of case crime No.18/2020 under sections 323, 308, 452, 506 I.P.C., PS. Ecotech-Ist, district Gautam Budh Nagar (State vs. Bhagat Singh).
3. Learned counsel for applicant submits that the applicant is an accused in case crime No.18/2020 under sections 323, 308, 452, 506 I.P.C., PS. Ecotech-Ist, district Gautam Budh Nagar. He filed an anticipatory bail application No.2289 of 2020 before this Court, in which a Coordinate Bench of this court has, vide order dated 17.3.2020, directed release of the applicant on anticipatory bail, in the event of arrest, with certain conditions.
4. It is submitted that although the applicant was released on anticipatory bail by this Court, the trial court is insisting for a regular bail and therefore, he filed an application before the trial court to treat the anticipatory bail granted by this Court as a regular bail. However, the tr
The main legal point established in the judgment is the requirement for applications for anticipatory bail to contain clear and essential facts relating to the offense, and the need for proper reason....
Bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
A Criminal Court can rectify its own orders in exceptional circumstances to prevent miscarriage of justice, despite generally lacking review power, when errors arise beyond the party's control.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
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