Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9749 of 2021 Applicant :- Haroon Opposite Party :- State of U.P.
Counsel for Applicant :- Avadh Pratap Singh Shishodia Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, Haroon, in connection with Case Crime No. 300 of 2020, under Section 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (for short "the Act of 1986"), Police Station - Adarsh Mandi, District - Shamli.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
A perusal of sub-Section (6) of Section 438 of the Code of Criminal Procedure, 1973, as applicable to the State of Uttar Pradesh, shows that in offences punishable under the Act of 1986, prayer for anticipatory bail cannot be entertained.
In the circumstances, this application for anticipatory bail is
rejected as not maintainable.
However, this order shall not hinder the applicant in exercising his rights to apply and seek regular bail before the court of competent jurisdiction.
Order Date :- 25.5.2021 I. Batabyal