High Court held that anticipatory bail under Section 438 Cr.P.C. is not maintainable for an offence under Section 3/7 of the Essential Commodities Act as it is upheld as a cognizable but bailable offence. Application disposed of on this ground.
Application for grant of anticipatory bail under Section 438 Cr.P.C. disposed of as not maintainable.
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Neutral Citation No. - 2023:AHC:149746
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6442 of 2023
Applicant :- Virendra Kumar Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Rai,Aman Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
pertinent to mention here that there is a specific provision under section 438 Cr.P.C. (U.P. Amendment) wherein it is provided that where any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session.
Order Date :- 26.7.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. is maintainable for an offence under Section 3/7 of the Essential Commodities Act which is cognizable but bailable.
Whether the amendment inserting "and non-bailable" words in the Essential Commodities Act is still in force.
3 provisions across 3 enactments
Virendra Kumar Chauhan
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
