Shiv Bahal Pandey v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12491 of 2023 Applicant :- Shiv Bahal Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised. Learned counsel for the parties are present.

¶2The offence under Section 3/7 Essential Commodities Act is cognizable, but bailable as such and, therefore, the application under section 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 under Section 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 Sessions.

¶3This being the legal position, the present anticipatory bail application under Section 438 Cr.P.C. is not maintainable and is accordingly dismissed.

¶4Interim protection granted, if any, stands vacated. Order Date :- 9.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad