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

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12926 of 2023 Applicant :- Sandeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Sri Rajesh Sharma, Advocate holding brief of Sri Puneet Srivastava, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. are present.

¶2The present application for anticipatory bail has been filed for anticipatory bail in Anticipatory Bail Application 5353 of 2023 (Sandeep Singh vs. State of U.P. in Case Crime No.477 of 2022, under Sections 3/7 E.C. Act, Police Station Akrabad, District Aligarh, during the pendency of trial.

¶3The 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.

¶4This being the legal position, the present anticipatory bail application under Section 438 Cr.P.C. is not maintainable and is accordingly dismissed.

¶5Interim protection granted, if any, stands vacated. Order Date :- 28.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad