Application for anticipatory bail dismissed. Court held application not maintainable as the offence carries a maximum sentence below seven years, relying on M/S V.K. Traders.
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Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1443 of 2022
Applicant :- Rashid@ Katto Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mahendra Tripathi, learned counsel for applicant and learned A.G.A. for State.
This application for anticipatory bail has been filed by applicant Rashid @ Katto in connection with Case Crime No. 194, 2021, under section 323, 504, 506 IPC and4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police StationLoha Mandi, District Agra.
Perused the record.
At the very outset, learned A.G.A. contends that offence complaint against applicant is punishable with maximum sentence which is below seven years. Placing reliance upon M/S V.K. Traders Vs. Union of India and 3 Other decided on 8.3.2022 , he contends that present application for anticipatory bail is not maintainable.
When confronted with above, learned counsel for applicants could not over come the same.
In view of above, present application for anticipatory is dismissed as not maintainable.
Order Date :- 16.3.2022 Arshad
Digitally signed by ARSHAD MAHMOOD Date: 2022.03.16 16:52:27 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application is maintainable in view of the maximum sentence being below seven years.
Whether the application satisfies the qualification for grant of anticipatory bail under Section 438 CrPC.
Colour shows how this judgement treated each authority
M/S V.K. Traders Vs. Union of India and 3 Other decided on 8.3.2022Referred¶8
Rashid @ Katto
State of U.P.
Rajeev Misra
Arshad Mahmod
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
