The Single Judge held that an anticipatory bail application under Section 438 CrPC is not maintainable for offences under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, as they are explicitly excluded by Section 438(6) CrPC.
Application rejected; no anticipatory bail granted.
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Neutral Citation No. - 2023:AHC:202268
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9831 of 2023
Applicant :- Sharif Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonu Malik Counsel for Opposite Party :- G.A.
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."
application has been filed for the offence under Section 2/3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, in view of the provisions of Section 438(6) CrPC the same is not maintainable.
Order Date :- 18.10.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application is maintainable for offences under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act 1986 which are excluded under Section 438(6) CrPC.
3 provisions across 2 enactments
Sharif Khan
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
