Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8057 of 2021 Applicant :- Smt. Vibha Agrawal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Dhar Dubey,Akanksha Dubey,Mahima Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Dharmendra Dhar Dubey, learned counsel for applicants and learned A.G.A. for State.
This application for anticipatory bail has been filed by applicants- Smt. Vibha Agrawal, in connection with Case Crime No.61 of 2021, under Section 302 I.P.C., Police Station- Kotwali, District- Bareilly.
At the very outset, learned A.G.A. contends that present application for anticipatory bail is not maintainable in view of bar contained in Section 438(6) Cr.P.C., as an offence under Section 302 I.P.C. is punishable with death.
When confronted with aforesaid, learned counsel for applicants could not overcome the same.
Accordingly, the present application for anticipatory bail is dismissed as not maintainable.
Order Date :- 5.4.2021 Saif