Single judge disposed of an anticipatory bail application held not maintainable because the offence under Section 3/7 of the Essential Commodities Act is cognizable but bailable, whereas Section 438 Cr.P.C. applies only to non-bailable offences.
Application under Section 438 Cr.P.C. disposed of as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:150580
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8369 of 2023
Applicant :- Ved Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Chauhan 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 :- 27.7.2023 safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. is maintainable when the underlying offence is bailable.
2 provisions across 2 enactments
Ved Prakash
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
