The Court dismissed an anticipatory bail application under Section 438 Cr.P.C. as not maintainable due to the specific bar in Section 18 of the SC/ST Act for offences under that statute.
The anticipatory bail application under Section 438 Cr.P.C. was dismissed as non-maintainable.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2644 of 2022
Applicant :- Nadeem Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Sita Ram Patel, Advocate holding brief of Shri Pradeep Kumar, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The instant anticipatory bail application has been moved by the applicant- Nadeem for grant of protection from arrest with regard to Case Crime No. 635 of 2021, under Sections 323, 384, 504, 506, 376-D, 120-B I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station Gajraula, District Amroha.
A preliminary objection has been raised by learned A.G.A. pertaining to the fact that as the instant case is connected with the penal provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, having regard to Section 18 of the said Act, the instant application under Section 438 Cr.P.C. is not maintainable.
No satisfactory answer given by learned counsel for the applicant with regard to the objection raised by learned counsel for the State.
Perusal of Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 would reveal that it has been provided therein that nothing contained under Section 438 Cr.P.C. shall apply in relation to any case involving arrest of any person on an accusation of having committed an offence under this Act. Having regard to the specific provision contained in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 with regard to the non-applicability of Section 438 Cr.P.C. pertaining to the offences committed under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the instant application appears to be non-maintainable and, therefore, is dismissed as such.
Order Date :- 6.4.2022 Praveen
Digitally signed by PRAVEEN KUMAR Date: 2022.04.06 17:23:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application is maintainable in a case involving offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2 provisions across 2 enactments
Nadeem
Mohd. Faiz Alam Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
