In this Criminal Mischief application, the Allahabad High Court was asked to grant anticipatory bail under Section 438 Cr.P.C. The court rejected the application, holding that it is barred by Section 438(6) Cr.P.C. because the implicated Section 302 I.P.C. carries a punishment of up to death.
Application rejected as barred by Section 438(6) Cr.P.C.
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Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1554 of 2023
Applicant :- Abdul Hameed Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Dhar Goswami Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 438 Cr.P.C. has been filed seeking bail in anticipation of arrest of the accused-applicant in Case Crime No. 647 of 2011, under Sections 302, 307, 323, 506 I.P.C., Police Station - Devrania, District - Bareilly.
The present application is barred by Section 438(6) Cr.P.C. as the offence of Section 302 I.P.C. entails a punishment up to death, therefore, the present application is not maintainable, which is hereby rejected .
Order Date :- 10.2.2023 Arun K. Singh
Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application is maintainable when the offence involves a punishment up to death.
Whether Section 438(6) Cr.P.C. bars the grant of anticipatory bail for offences carrying the death penalty.
3 provisions across 2 enactments
Abdul Hameed
State of U.P.
Dinesh Kumar Singh
Arun K. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
