Ram Das Yadav Vs State of U.P.

Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38827 of 2018

Applicant :- Ram Das Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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In compliance with the order of this Court dated 9.10.2018, the report of the learned Second Additional Sessions Judge, Azamgarh asking him to inform the Court whether he is notified as a Special Judge under the S.C./S.T. Post Amendment Act vide Act No.1 of 2016 has been received. The explanation of the Second Additional Sessions Judge, Azamgarh is one dated 11.10.2018. It is clearly stipulated in the said explanation that the Second Additional Sessions Judge, Azamgarh has been notified vide Notification No.2173/Admin (Services)/2018 dated 1.08.2018 in exercise of powers under Section 14 of the S.C./S.T. Act as a Special Judge Court for the Sessions Division of Azamgarh.

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The bail rejection order being one passed by the Special Court notified under the S.C./S.T, Act on 18.07.2018 that is to say post amendment to the S.C./S.T. Act vide Act No.1 of 2016 is clearly appealable under the provisions of 14-A(2) of the Act last mentioned. A bail application under Section 439 Cr.P.C. would not be maintainable.

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This bail application is, accordingly, held not maintainable and is dismissed as not maintainable.

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It is made clear that nothing said here is about the merits of the case, regarding which the applicant is free to pursue his remedies, as he may be advised under the law.

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Let certified copies of the free bail rejection order, and other certified copies, be returned to the learned counsel for the applicant forthwith, after retaining authenticated xerox copies of the same.

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Order Date :- 13.12.2018 Neeraj

Ram Das Yadav v. State of U.P.

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Ram Das Yadav v. State of U.P.

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