In an anticipatory bail application, the High Court held that the application is not maintainable due to mandatory provisions under Sections 18 and 18-A of the SC/ST (Prevention of Atrocities) Act, 1989, dismissing the plea.
The anticipatory bail application was dismissed for not being maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10278 of 2021
Applicant :- Gaurav Rawat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sunil Kumar Dwivedi, learned counsel for applicant on video link and Mr. Indra Pal Singh Rajpoot along with Mr. Prashant Kumar, learned A.G.A. for State assisted by Mr. P.K. Sahi, learned Brief Holder for the State.
This application for anticipatory bail has been filed by the applicant Gaurav Rawat and two others in connection with Case Crime No.0017 of 2021, under Section 147, 148, 341, 504, 323, 308, 506 I.P.C. and 3(2)(v) SC/ST Act, P.S. Jahangirpur, District Bulandshahar.
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 provisions 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 :- 4.6.2021 Gaurav
1 issue framed by the court
Whether Section 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 bars the maintainability of an anticipatory bail application under Section 438 Cr.P.C.
2 provisions across 2 enactments
Gaurav Rawat
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
