Sohit Kumar and 2 Others v. State of U.P. and Another
Case brief
What is this about?
The court rejected an application for anticipatory bail under Section 438 Cr.P.C. It held that the bar under Section 18 of the SC/ST Act applies as a prima facie case was made out from the FIR. Additionally, relief was denied because the applicants were absconders against whom non-bailable warrants were already issued.
What did the court decide?
Declined the prayer for anticipatory bail and rejected the application under Section 438 Cr.P.C.
What the court decided
1
A.F.R.
Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10958 of 2022
Applicant :- Sohit Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi,Vinod Kumar Tirpathi
Hon'ble Mrs. Manju Rani Chauhan,J.
- Heard Mr. Gaurav Kakkar, learned counsel for the applicants, Mr. Manoj Kumar Tripathi, learned counsel for the opposite party no.2, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.
- The present application has been moved seeking anticipatory bail in S.T. No.145 of 2022 arising out of Case Crime No. 840 of 2021, under Sections 452, 354, 323, 325, 504, 506 IPC and Section 3(2) (V)a, 3(1)r and 3(1)s of S.C./S.T. Act, P.S.-Kotwali Shahar, District-Bijnor , with the prayer that in the event of arrest, applicants may be released on bail.
- A preliminary objection for admissibility of jurisdiction of the aforesaid bail application vide concurrent jurisdiction enshrined in Section 438 of Cr.P.C. has been raised by learned counsel for the opposite parties.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. is maintainable when the offence under the SC/ST Act is made out prima facie.
Whether anticipatory bail can be granted to an applicant who is an absconder and non-bailable warrants have been issued against them.
Whether the bar under Section 18 of the SC/ST Act applies where the complaint prima facie makes out an offence under that Act.
Parties & counsel
- applicant
Sohit Kumar And 2 Others
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- ABAIL/10958/2022
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