The Allahabad High Court dismissed an anticipatory bail application under Section 438 CrPC as not maintainable, holding that it cannot be granted after a proclamation under Sections 82-83 CrPC has been issued against the applicant.
Anticipatory bail application dismissed as not maintainable after issuance of proclamation.
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Neutral Citation No. - 2024:AHC-LKO:26928
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 584 of 2024 Applicant :- Nafees
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others
Counsel for Applicant :- Shobha Rajpoot,Vijay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as Shri Alok Tewari, learned AGA for the State.
Learned counsel for the applicant submits that earlier the applicant approached this Court by filing a Petition under Section 482 No. 223 of 2024 whereby protection was provided to him with a condition to surrender and apply for regular bail before the trial court.
It has been further submitted that inadvertently he could not apply for regular bail.
Learned AGA submits that proclamation under Section 82-83 Cr.P.C. have already been issued against the applicant and in view of the judgment of the Supreme Court passed in the case of "Prem Shankar Prasad v. State of Bihar, (2022) 14 SCC 516" which has been followed by this Court in the case of "Kusum Devi v. State of U.P., 2023 SCC OnLine All 730" , the application under Section 438 Cr.P.C. is not maintainable.
On due consideration to the submission of learned AGA as well as judgment of the Prem Shankar Prasad (supra) , I am of the opinion that the after proclamation under Section 82-83 Cr.P.C., the application under Section 438 Cr.P.C. is not maintainable.
Accordingly, the anticipatory bail application of the applicant
filed in FIR No. 247/2022, under Sections 376(D), 323, 343, 506 IPC and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Rasiya, District Bahraich is dismissed as not maintainable.
Order Date :- 1.4.2024/R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether Section 438 CrPC anticipatory bail application is maintainable after issuance of proclamation under Sections 82-83 CrPC
Whether a prior non-maintainable petition under Section 482 CrPC bars a subsequent Section 438 CrPC application
Colour shows how this judgement treated each authority
Prem Shankar Prasad v. State of BiharReferred¶10
Prem Shankar Prasad v. State of Bihar, (2022) 14 SCC 516 · Who else cites this
Kusum Devi v. State of U.P.Referred¶10
Kusum Devi v. State of U.P., 2023 SCC OnLine All 730 · Who else cites this
3 provisions across 1 enactments
Nafees
State of U.P. Through Principal Secretary, Department Home Lko And 3 Others
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
