Naimuddin v. State of Up and Another
Case brief
What is this about?
This judgment rejects an anticipatory bail application filed under Section 438 Cr.P.C. The court held that such bail is not maintainable where the offence carries a possible death sentence, citing Section 438(6)(b) of the Criminal Procedure Code.
What did the court decide?
The application for anticipatory bail stands rejected in view of the death sentence being a possible punishment.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:173823
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9126 of 2024
Applicant :- Naimuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwanshu Tiwari,Vaibhav Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State and perused the material placed on record.
- This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Sessions Trial No. 324A/2014 arising out of Case Crime No. 116 of 2014, under sections 366, 376, 302, 201, 404 I.P.C., Police Station Thathiya, District Kannauj.
- The applicant has sought anticipatory bail inter alia for the offence under Section 302 IPC. Anticipatory bail in a matter in which death sentence can be awarded is not maintainable as per section 438(6)(b) of Criminal Procedure Code.
- In view of the above, I am not inclined to interfere in the present matter.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail is maintainable under Section 438 Cr.P.C. in a case where the death penalty may be awarded.
Whether the High Court should interfere with the rejection of an anticipatory bail application in a capital offence.
Parties & counsel
- applicant
Naimuddin
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/9126/2024
All orders in this case
3 orders share this CNR
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