https://www.taxtmi.com/caselaws?id=312790 Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 must be decided on an independent assessment of the facts and cannot be refused merely because the challan has been presented. The Court held that filing of the challan does not by itself extinguish the remedy or justify a technical denial of relief. The High Court was required to apply its own mind to the merits of the application and consider the nature of the dispute before declining protection. Denial of anticipatory bail solely on the ground of challan filing was therefore unjustified, and anticipatory bail was granted. en-us Tue, 15 Dec 2009 00:00:00 +0530 Thu, 07 Mar 2024 18:12:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312790 Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 must be decided on an independent assessment of the facts and cannot be refused merely because the challan has been presented. The Court held that filing of the challan does not by itself extinguish the remedy or justify a technical denial of relief. The High Court was required to apply its own mind to the merits of the application and consider the nature of the dispute before declining protection. Denial of anticipatory bail solely on the ground of challan filing was therefore unjustified, and anticipatory bail was granted. Case-Laws Indian Laws Tue, 15 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312790