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

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13938 of 2023 Applicant :- Suraj Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard Sri Moizuddin, Advocate holding brief of Sri Raja Ullah Khan, learned counsel for the applicant and Sri Pranshu Gupta, learned AGA for the State.

¶2The 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.

¶3This being the legal position, the present anticipatory bail application u/s 438 Cr.P.C. is not maintainable as such and is dismissed accordingly. (Justice Krishan Pahal) Order Date :- 16.12.2023 Siddhant High Court of Judicature at Allahabad