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He has to apply for bail in all the Sections he is wanted either u/s 437 CrPC or 438 CrPC, the high court held.
The Allahabad High Court recently held that no person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers under Section 437 CrPC (bail in non- bailable offences) and later on taking recourse to Section 438 CrPC (anticipatory bail) in the other Sections.
"He has to apply for bail in all the Sections he is wanted either u/s 437 CrPC or 438 CrPC," said the bench of Justice Krishan Pahal.
Court was dealing with a criminal miscellaneous anticipatory bail application filed seeking pre-arrest bail in a case under Sections 392 (Punishment for robbery) and 452 (House-trespass) of the Indian Penal Code.
The counsel for the applicants submitted before the court that in the present matter, the summoning order was passed under Sections 323, 504, 506, 325, 452 and 392 of the IPC. However, when the applicants applied for bail under Sections 323, 325, 504 and 506 of the IPC, the concerned Magistrate enlarged them on bail.
On this ground, the counsel for the applicants pressed for their pre-arrest bail for the added Sections 392 and 452 of the IPC.
However, the government counsel opposed the bail plea and argued that while passing the abovementioned bail order, neither the Magistrate nor the Public Prosecutor took care to see under what Sections the applicants were summoned and the bail was granted to the applicants for all the offences except under Sections 452 and 392.
The Additional Government Advocate (AGA) contended that this way, the applicants misused the process of court. "Either the applicants should have applied under Sections 438 CrPC before the Sessions Court, Allahabad, or should have applied under all the Sections in the Court of the Magistrate concerned, the AGA stressed.
Further, the AGA submitted that a Court of Magistrate is competent to hear and dispose of the bail under Sections 392 and 452 of the IPC, therefore too, the applicants could have applied for bail before the Magistrate only. The applicants have certainly not come with clean hands, the AGA asserted.
Court agreed with the submission made by the AGA and held that since the accused persons were summoned under Sections 323, 504, 506, 325, 452 and 392 of the IPC, therefore, they should have applied for bail in all the Sections together.
Accordingly, court held the present bail plea devoid of merits and thus, dismissed the same.
Case Title: Smt. Urmila Devi And Another v. State of U.P. and Another
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