Suraj Singh v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11658 of 2023 Applicant :- Suraj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Mishra,Hemendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1This application has been moved on behalf of the applicant Suraj Singh seeking anticipatory bail in Case Crime No. S.T. No. 417 of 2014 arising out of Case Crime no. 0025 of 2014, under Sections 148, 302, 149, 307, 149, 323/149 I.P.C., Police Station-Kiratpur, District-Bijnor.

¶2Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record.

¶3At the outset, a preliminary objection has been raised by the learned AGA about maintainability of this anticipatory bail application and it is submitted that the present anticipatory bail application has been filed for the offence under Section 302 I.P.C. whereas Section 438 (6) CrPC (as applicable in U.P. by way of U.P. Act No. 4 of 2019, Section 2, w.e.f 1.6.2019), provides that : "(6) Provisions of this section shall not be applicable,

(a) to the offences arising out of-

(i) the Unlawful Activities (Prevention) Act, 1967;

(ii) the Narcotic Drugs and Psychotropic Substances Act, 1985;

(iii) the Official Secret Act, 1923;

(iv) the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

(b) in the offences, in which death sentence can be awarded."

¶4It is further submitted that since the present anticipatory bail application has been filed for the offence under Section 302 I.P.C., in view of the provisions of Section 438(6) CrPC the same is not maintainable.

¶5Having regard to the entire facts and circumstances of the case and having considered the rival submissions made by the learned counsel for the parties, in my view, since the case clearly falls into the category of cases which have been mentioned in Section 438(6) CrPC, (as applicable in U.P. by way of U.P. Act No. 4 of 2019, Section 2, w.e.f 1.6.2019), the present anticipatory bail application is not maintainable. Hence, without going into the merits of the case, the present anticipatory bail application is rejected. Order Date :- 26.10.2023 Fhd High Court of Judicature at Allahabad