In chamber, the single judge dismissed an anticipatory bail application under CrPC Section 438, held barred against prosecution under the U.P. Gangster Act 1986 based on Section 438(6) amendment, not maintainable.
Application dismissed as not maintainable.
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In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13231 of 2021
Applicant :- Shani Singh @ Shani Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Present Anticipatory Bail Application by the applicant seeking protection from Case Crime No. 316 of 2020, under Section 3(1) of U.P. Gangster Act, 1986, P.S. Jamaniya, District Ghazipur.
There is a specific bar of under Section 438(6) (U.P. Amendment) that anticipatory bail application is not maintainable with regard to prosecution under gangster Act.
As such the present anticipatory bail application is dismissed as not maintainable.
Order Date :- 23.9.2021
Rahul.
2 issues framed by the court
Whether anticipatory bail application is maintainable under Section 438 CrPC when the offense falls under the U.P. Gangster Act.
Questioning the specific bar under Section 438(6) (U.P. Amendment) regarding prosecution under the gangster Act.
2 provisions across 2 enactments
Shani Singh @ Shani Kumar
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
