The court rejected a maintainability challenge to an anticipatory bail application. It held that because Section 302 IPC allows the death sentence, the statutory bar under Section 438(6) CrPC (U.P. Amendment) rendered the application non-maintainable without examining merits.
Application rejected as not maintainable.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9680 of 2023
Applicant :- Madhu Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Dhar Yadav,Lal Prabhakar Singh Counsel for Opposite Party :- G.A.,Mukul Yadav
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."
bail application in view of the provisions of Section 438(6) CrPC is not maintainable.
Order Date :- 3.10.2023 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application is maintainable when the alleged offence under Section 302 IPC carries the possibility of death sentence.
1 provisions across 1 enactments
Madhu
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
