Dismissed¶10
Hafiz Swale Hasan Imam @ Sahel Hasan v. State of Up and 3 Others
Allahabad HCABAIL/11335/2024
Case brief
AI extract
What is this about?
Allahabad High Court (Neutral Citation 2025:AHC:276), Vivek Varma, J., order dated 2.1.2025. Anticipatory bail application under section 438 Cr.P.C. by Hafiz Swale Hasan Imam @ Sahel Hasan in Case Crime No. 144 of 2024 (sections 376-AB I.P.C. and 5(m)/6 POCSO Act), P.S. Qila, District Bareilly, rejected as not maintainable under section 438(6)(b) Cr.P.C. because death sentence can be awarded for the offence. Keywords: anticipatory bail maintainability, section 438(6)(b) CrPC bar, death sentence, POCSO, 376-AB IPC, Bareilly.
What did the court decide?
Anticipatory bail in a matter in which death sentence can be awarded is not maintainable as per section 438(6)(b) of the Criminal Procedure Code. ¶8