VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Almost four decades post the deletion of Section 438 Cr.P.C. insofar as it applied to the State of Uttar Pradesh, the Legislature reintroduced that provision on 6 June 2019. The legislative essay was a reaffirmation of the constitutional guarantee of personal liberty accorded to all citizens and to provide a salutory safeguard against the ignominy of arrest and deprivation of liberty. This nascent and resurrected jurisdiction has, however, in a short span of time raised questions which merit an authoritative pronouncement. It is in that backdrop that the Court takes up the instant petition.

(2.) This petition along with other applications for grant of anticipatory bail were taken up on 4 December 2019. Upon preliminary submissions being advanced, the Court on that date framed the following questions which appeared to principally arise:-

(3.) In order to facilitate learned counsels to address further submissions, the application and other matters on that date were placed for disposal today. All members of the Bar were requested to address submissions bearing in mind the importance of the questions which stood raised and the impact which they would have on matters likely to come before the Court in future. The Court for the purposes of convenience, shall firstly proceed to note and dispose of the questions which arise and thereafter deal with the merits of the instant application separately.