Application for anticipatory bail dismissed as not maintainable due to mandatory provisions of Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Application for anticipatory bail dismissed as not maintainable.
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Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10120 of 2021
Applicant :- Satish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Irfan Chaudhary,Dinkar Lal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Irfan Chaudhary, learned counsel for the applicant and Mr. Prashad Kumar, learned A.G.A. assisted by Sri P.K. Sahi, learned brief-holder for the State.
This application for anticipatory bail has been filed by the applicant Satish Kumar in connection with Case Crime No.997 of 2017, under Section 323, 332, 353, 504, 427 IPC and Section 3(2)(5) SC/ST Act, Police Station Kairana, district Shamli.
At the very outset learned A.G.A has raised preliminary objection by submitting that the present application for anticipatory bail is not maintainable in view of the mandatory provision of Section 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
When confronted with above, learned counsel for the applicant could not over come the same.
The present application for anticipatory bail is, accordingly, dismissed being not maintainable.
Order Date :- 1.6.2021
Gaurav
1 issue framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. is maintainable when the offence involves Section 3(2)(5) SC/ST Act?
2 provisions across 2 enactments
Satish Kumar
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
