Applicant sought anticipatory bail fearing arrest for offences punishable up to seven years. Court held arrest requires compliance with Section 41A Cr.P.C., rendering anticipatory bail unnecessary. Application dismissed.
Anticipatory bail prayer refused and application disposed of.
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Neutral Citation No. - 2024:AHC:157404
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8711 of 2024
Applicant :- Devesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mandeep Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
punishment is of seven years. There is a specific provision under Section 41A of Cr.P.C. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Section 41A of Cr.P.C. is complied by the Investigating Officer, accused of such offences cannot be arrested.
Order Date :- 26.9.2024 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail is necessary when the accused faces non-arrest likely due to Section 41A Cr.P.C. protections for offences punishable up to seven years.
1 provisions across 1 enactments
Devesh
State of U.P.
Vivek Varma
Sachin Mishra
As recorded by the court registry
3 orders share this CNR
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