Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15455 of 2021 Applicant :- Moin Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Saher Naqvi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Ms. Saher Naqvi, learned counsel for the applicant, learned A.G.A. and perused the record.
The instant application is being moved by the applicant namely, Moin invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 0060 of 2021, under Sections 2/3 of U.P. Gangster Act, Police Station- Thariyaon, District- Fatehpur.
There is a specific legislative power u/s 438 (6) (a)(iv) of the (U.P. Amendment Act No. 4 of 2019) that the prosecution in U.P. Gangster Act and Anti-Social Activities Act. The above provision of section 438 Cr.P.C. shall not apply, as such, the present anticipatory bail application is not maintainable and accordingly, dismissed.
Order Date :- 27.9.2021 Nisha