offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice ... bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code
having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code ... application to U.P. Section 438 of the Code shall be omitted. [U.P. Act 16 of 1976, Section 9, w.e.f. 28.11.1976.] WEST
section (1) or sub-section (2), shall record in writing his or its [reasons or special reasons] [Substituted by Act 63 of 1980, Section ... following sub-section was added after sub-section (7) of that section, namely :- "(8) Before releasing the accused on bail under sub-section
Section 438. Though subsection (1) of that section says
that the court “may, if it thinks fit” issue the necessary
direction for bail ... applied for under Section 437 or Section 439. These
sections deal with the power to grant or refuse bail to a
person
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... other condition as may be imposed under
sub-section (3) of section 437, as if the
bail were granted under that section.
(3) If such
provisions of sub-Section (3) of Section 116 [or section 446-A] [Inserted by Act 63 of 1980, Section ... provisions of sub-section (3) of Section 116, [or Section 446-A.] [Inserted by Act 63 of 1980, Section
same, there is a ban imposed
u/s 437(1) Cr. P.C. against granting of bail. On the other
hand, if to either ... bail. Unlike u/s. 437(1) there is no
ban imposed u/s. 439(1) , Cr. P.C. against granting of bail
by the High
that
section as if the reference to “Magistrate” in that
section includes also a reference to a “Special
Court” designated under section 43 .
Section ... Public Prosecutor under this section
shall be deemed to be a Public Prosecutor within
the meaning of clause (u) of section 2 of the Code
MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 90 of 2020
Applicant :- Ranjeet
Opposite Party :- State of U.P.
Counsel for Applicant ... MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 476 of 2020
Applicant :- Sompal
Opposite Party :- State Of U.P. And 2 Others
other condition as may be imposed
under Sub-Section (3) of section 437 , as if the
bail were granted under that section.
Section 439. Special ... offence triable under sub-
section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian
Penal
