The Allahabad High Court dismissed the applicant's anticipatory bail application because counsel withdrew and sought liberty to file a regular bail application instead.
Anticipatory bail application dismissed as not pressed; liberty granted to file regular bail application.
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Neutral Citation No. - 2024:AHC-LKO:49063
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1414 of 2024
Applicant :- Gaurav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Misra Counsel for Opposite Party :- G.A.,Mohd. Salman
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for applicant, learned counsel for the complainant and learned Additional Government Advocate for State as well as perused the record.
The present application for anticipatory bail has been filed for protection in regard to Case Crime No.93 of 2024, under Sections 376-D, 323, 506 of Indian Penal Code and Section 3/4 of POCSO Act, Police Station Bighapur, District Unnao. Learned A.G.A., at the outset, has submitted that offence under Section 376-D IPC is punishable up to life imprisonment therefore, in view of the specific bar under Section 438 Cr.P.C., the anticipatory bail application will not lie.
Learned counsel for the applicant, after arguing for some time, does not want to press this anticipatory bail application rather seeks liberty to file a regular bail application.
In view of the above, present anticipatory bail application is dismissed as not pressed with liberty to file regular bail which, if filed, shall be decided expeditiously.
Order Date :- 19.7.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail application under Section 438 Cr.P.C. can be dismissed because the applicant withdrew pressure.
Whether an application under Section 376-D IPC, punishable with life imprisonment, bars anticipatory bail under Section 438 Cr.P.C.
3 provisions across 3 enactments
Gaurav
State Of U.P. And 3 Others
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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