Sukhpal v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12114 of 2023 Applicant :- Sukhpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard learned counsel for the applicant as well as Sri Shakeel Ahmad, learned A.G.A. for the State and also perused the record.

¶3The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 160 of 2014 arising out of Criminal Case No. 3895 of 2021, under Sections 3/7 E.C. Act, P.S.- Hajaratpar, District-Budaun.

¶4The offence u/s 3/7 of Essential Commodities Act is cognizable, but bailable as such, and therefore, the application u/s 438 Cr.P.C. for grant of anticipatory bail under this Section is not maintainable. It is pertinent to mention here that there is a specific provision u/s 438 Cr.P.C. (U.P. Amendment) wherein it is provided that where any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session.

¶5This being the legal position, the present anticipatory bail application u/s 438 Cr.P.C. is not maintainable, as such, and is disposed of accordingly. (Justice Krishan Pahal) Order Date :- 3.11.2023 Shalini High Court of Judicature at Allahabad