Court directly by way of a petition under Section 438 of the Criminal Procedure Code. The doubt itself was expressed in respect of contingencies ... Court seeking to guide the power conferred by Section 438 of the Criminal Procedure Code only in exceptional cases. The Constitution Bench held that where
ALLAHABAD
A.F.R
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4002 of 2021
Applicant :- Prateek ... direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C . No. 8072 of 2020, Govind Mishra @ Chhotu
been raised is whether a petition under Section 438 of the Criminal Procedure Code at the behest of a child in conflict with law would ... learned A.G.A., the application under Section 438 of the Criminal Procedure Code at the behest of a minor is not maintainable since
taken up today through Video Conferencing.
2. The instant application under Section 438 Cr.P.C. has been filed with a prayer for anticipatory bail ... Cr.P.C.;
(b) during further investigation under Section 173(8) , Cr.P.C. even after filing of the charge sheet under Section 173
Code, the Legislature repealed the Code of 1898 and enacted the Code of Criminal Procedure , 1973. The newly enacted CrPC contained the statutory ... those circumstances held as under :-
"2. Under Section 438 of the Code of Criminal Procedure when any person has reason to believe that
Delivered on 28.02.2023
Court No. - 45
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1346 of 2023
Applicant :- Vinod Bihari ... Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1348 of 2023
Applicant :- Prof
said Court, as to whether a petition under Section 438 of the Code of Criminal Procedure, 1973 at the behest of child, in conflict with ... 438 Cr.P.C. or not. At the outset, certain provisions of the Code of Criminal Procedure , 1973 (hereinafter referred to as the '
exercise of powers under Section 439(2) of the Code of Criminal Procedure.
Parameters for grant of anticipatory bail laid down by Supreme Court ... State of U.P. restoring Section 438 as it presently exists in the Code of Criminal Procedure , or in a modified form
Gopal,J.
1. This anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 (" Cr.P.C .") has been filed ... concerned statute as a bailable offence ? "
9. Section 438 of the Code of Criminal Procedure, 1973 as introduced in the State of Uttar Pradesh
ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10048 of 2021
Applicant :- Vinod Kumar ... Shukla
Counsel for Opposite Party :- G.A.
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9118 of 2021
Applicant :- Ajai