section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.] [Inserted by Criminal Law (Amendment ... Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, after Section 437-A the following section shall be inserted, namely:- "438
Cr.P.C.
15. It is apparent from the Statement of Objects and Reasons
for introducing section 438 in the Code of Criminal Procedure ... could
be granted were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first
power under Section
438 Cr.P.C. is exercised. It is submitted that the Code
presupposes that the order passed under Sections 438 ... order under Section 437 &
439 of the Cr.P.C. The only difference between the prearrest
bail order under Section 438
Section 482 Cr.P.C. with a prayer to quash the
Signature Not Verified
Digitally signed by
Sanjay Kumar
Date: 2021.04.13
criminal proceedings being ... bail application under Section 438 Cr.P.C. It is submitted
that even when the anticipatory bail application under Section 438 is
filed, the same
arrest the accused persons. This
direction “amounts” to an order under Section 438 CrPC, albeit without
satisfaction of the conditions of the said ... Article 226 of the Constitution of India nor Section 482 CrPC nor
Section 438 CrPC. This Court in Ranjit Singh (supra
Cr.P.C. is not maintainable.
Learned counsel for the petitioners further submits that
once Section 438 of the Code of Criminal Procedure is made ... Code of Criminal Procedure or Section 439 of the Code of
Criminal Procedure read with Section 440 of the Code of Criminal
Procedure
438 CR.P.C. No. - 1749 of 2020
Applicant :- Shafeek
Opposite Party :- State of U.P.
Counsel for Applicant :- Rekha P Lal
Counsel for Opposite ... with the provisions made in Section 439 Cr.P.C."
In Ankit Bharti Vs. State of U.P. and another3 the learned Judge while
Crl.O.P.No.15217 of
2006, allowing the application filed by the Respondent No.1
under Section 438 of the Code of Criminal Procedure ... filed an application in
the Madras High Court under Section 438 Cr.P.C. for grant of
Anticipatory Bail and the learned Single Judge
this regard. Departing from the terms of Sections 437 and 439 Cr.P.C., Section 438(1) Cr.P.C., provides descretion to this Court ... Session as per 438 (7) Cr.P.C , U.P. Amendment. A literal construction of the aforesaid section 438(7) Cr.P.C shows that
Court for bail in
terms of Section 439 Cr.P.C. Mandate of Section
439 Cr.P.C. is that the applicant ... Section 438 Cr. P.C. or under
Section 441 Cr. P.C. extracted above. However,
the same appears in Sections 437 and 439 Cr. P
