The High Court dismissed an anticipatory bail application as not maintainable. It held that Sections 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 prohibit such relief for offences under that Act.
The application for anticipatory bail was dismissed as not 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. - 10820 of 2021
Applicant :- Dilshad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Ankita Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Case called out in revised list.
Heard Mr. Indra Pal Singh Rajpoot along with Mr. Prashant Kumar, learned A.G.A. assisted by Mr. P.K Sahi, learned Brief Holder for State.
Despite repeated efforts, no audio/video link could be established with learned counsel for applicants.
Perused the record, the F.I.R. giving rise to the present application for anticipatory bail has been lodged under Sections 147, 148, 149, 452, 323, 504, 506, 354, 336 IPC and Section 3(2)(va) Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (Amendment 2015), Police Station Dibai, District Bulandshar. Sections 18 and 18 A of S.C./S.T. Act prohibits grant of anticipatory bail for an offence under Sections of S.C./S.T. Act.
In view of above, present application for anticipatory bail is not maintainable and is, accordingly, dismissed.
Order Date :- 3.6.2021 HSM
Digitally signed by Justice Rajeev Misra Date: 2021.06.03 18:11:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail is maintainable for an offence under Sections 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989.
3 provisions across 2 enactments
Dilshad And Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
