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 '
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
which stands excluded from the purview of section 438 except
offences mentioned in section 438(4) Cr.P.C., viz., matters relating to
certain sexual ... DIVYA SHARMA
Signing Date:19.10.2023 W.P.(CRL) 2416/2023 Page 26 of 30
10:49:05
438 Cr.P.C ex-ante
Judgment delivered on 12.09.2023
1. Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1518 of 2023
Applicant :- Ramji Singh
Opposite ... Counsel for Opposite Party :- Rohit Tripathi
2. Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1523 of 2023
Applicant :- Ramji
Directorate of Enforcement, Crl . Appl. 1198 /2023 dated
20th April 2023
22. It is submitted that Section 438 of the Cr.P.C. seeks ... shall be
applicable even with respect to the application
under Section 438 Cr.PC and therefore, the
impugned judgment and order passed by the High
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8059 of 2023
Applicant :- Dr. Rajni Tripathi
Opposite Party ... today is taken on record.
4. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime
which says that ''Notwithstanding anything contained in the Code of Criminal Procedure , 1973 for the time being in force' be released ... Children) Act, 2015 can file an application under Section 438 of the Code of Criminal Procedure, 1973."
19. In view of the discussion above
procedure established by law for depriving a person of his
liberty must be fair, just and reasonable. The beneficent provision contained
in Section 438 ... clearly mentioned that section
438 Cr.P.C. is extraordinary because it was
incorporated in the Code of Criminal Procedure ,
1973 and before that other
sought the relief of anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973 (‘ CrPC ’, for short) by filing CRL. MISC ... 376DB of the Indian Penal Code (45 of 1860).”
9.6 The salient features of Section 438 of CrPC can be culled
taken note of the provision
of Sections 46 and 438 of the Code of
Criminal Procedure, 1973, Law
Commission's 41st Report, the
principles ... Accordingly, provision for
anticipatory bail was made in Section 438 of
the Code of Criminal Procedure, 1973. This
provision allows a person to seek bail
