Gopal Kumar and Another v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13122 of 2023 Applicant :- Gopal Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1The present anticipatory bail application has been moved for the offence under Section 15(2) of Indian Medical Council Act, 1956. Section 15(3) of the aforesaid act reads as under :- "(3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. "

¶2Hence, the maximum period of imprisonment which can be awarded under Section 15(2) of the Indian Medical Council Act, 1956 is for one year. According to the Schedule mentioned in the Code of Criminal Procedure where a criminal matter is punishable with imprisonment less than three years or with fine only it shall be treated as a non-cognizable and bailable matter.

¶3In view of that, the present matter falls within the purview of a bailable offence for which, anticipatory bail application is not maintainable. Hence, no need to proceed further in this matter.

¶4The application being not maintainable is hereby disposed of accordingly. Order Date :- 29.11.2023 Shivangi High Court of Judicature at Allahabad