The Court rejected a maintainability objection raised under Section 438(6) pertaining to death-sentence offences, holding the application non-maintainable based on statutory interpretation and Section 302 IPC provisions, dismissing the plea without examining merits.
Application rejected as non-maintainable; no relief granted to applicant.
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Neutral Citation No. - 2023:AHC:215707
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12293 of 2023
Applicant :- Rama Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Monika Pal Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
"(6) Provisions of this section shall not be applicable,
(a) to the offences arising out of-
(i) the Unlawful Activities (Prevention) Act, 1967;
(ii) the Narcotic Drugs and Psychotropic Substances Act, 1985;
(iii) the Official Secret Act, 1923;
(iv) the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
(b) in the offences, in which death sentence can be awarded."
offence under Section 302 IPC is not made out against the applicant.
Order Date :- 8.11.2023 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application is maintainable under Section 438 CrPC for an offence punishable with death sentence under Section 302 IPC.
In light of U.P. Act No. 4 of 2019 amending Section 438(6) CrPC, if the court must reject such applications categorically without examining merits.
2 provisions across 2 enactments
Rama Shankar
State of U.P.
Nalin Kumar Srivastava
Shivangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
