The Court held that the offence under Section 3/7 of the Essential Commodities Act is bailable. Consequently, an antecedent bail application under Section 438 Cr.P.C. was found to be not maintainable and was dismissed.
An antecedent bail application under Section 438 Cr.P.C. was held not maintainable as the offence is bailable.
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Neutral Citation No. - 2023:AHC:138600
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7128 of 2023
Applicant :- Paramhans Agarwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- B.K.Singh Raghuvanshi,Akshay Raghuvashi Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Order Date :- 11.7.2023
ss
Digitally signed by :- SANDEEP SHARMA 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 in a case involving an offence under the Essential Commodities Act, 1954.
Whether the offence under Section 3/7 of the Essential Commodities Act is non-bailable to invoke Section 438 Cr.P.C.
3 provisions across 3 enactments
Paramhans Agarwal
State Of U.P.
Nalin Kumar Srivastava, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
