Neutral Citation No. - 2025:AHC-LKO:985 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7 of 2025 Applicant :- Smt. Badrunnisha And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.32 of 2024, under Sections 305 & 511 of the I.P.C., Police Station Dhanepur, District Gonda. At the outset, it has been pointed out by the learned counsel for the State that present anticipatory bail is not maintainable as it is barred by provision 438 (6) (b) of Cr.P.C. He added that so far as the offence under Section 305 I.P.C. is concerned, death penalty can be awarded and, therefore, it is squarely covered with the provision of Section 438 (6) (b) Cr.P.C. Learned counsel for the applicant has failed to controvert the aforesaid. Considering the above said argument, learned counsel for the parties and looking into the fact that offence is punishable with death penalty and covered with the provisions of Section 438 (6) (b) of Cr.P.C., therefore, the instant application is hereby dismissed on the ground of maintainability. Consigned to the records. Order Date :- 7.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench