The Single Judge dismissed an anticipatory bail application filed under Section 438 Cr.P.C. for a case involving murder (Section 302 IPC), holding that such applications are not maintainable for heinous offences.
Anticipatory bail application dismissed as it is not maintainable for heinous offences like murder.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9002 of 2021
Applicant :- Sunil Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
By means of the present anticipatory bail application the applicants are seeking anticipatory bail in Case Crime no.375 of 2020, u/s 34/120-B/302/149/148/147 I.P.C., Police StationPatherawa, District-Kushinagar.
In this matter the offence of Section 302 I.P.C. is involved which is punishable with death sentence. As per the provisions of Section 438(6) Cr.P.C. in heinous offences like murder and dacoity, the anticipatory bail application is not maintainable.
Accordingly, the present anticipatory bail is hereby DISMISSED.
Order Date :- 28.7.2021 M. Kumar
1 issue framed by the court
Whether an anticipatory bail application is maintainable in a case involving Section 302 IPC (heinous offence).
1 provisions across 1 enactments
Sunil Yadav And 3 Others
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
