The High Court of Chhattisgarh (MCRCA No. 298 of 2016) rejected an application for anticipatory bail. The court held that the bar under Section 18 of the SC/ST Act applied due to caste-based allegations in the FIR, precluding the benefit of Section 438 Cr.P.C.
Application for anticipatory bail under Section 438 Cr.P.C. was rejected.
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.
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 298 of 2016
For the applicant : Mr. D. N. Prajapati, Advocate. For the Respondent : Mr. Anupam Dubey, Dy.G.A.
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
04.04.2016
time these applicants were present and had abused the prosecutrix in the name of caste.
Sd/-
GOUTAM BHADURI JUDGE
Rao
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the allegations made in the FIR.
Whether Section 18 of the SC/ST Act applies so as to debar the grant of anticipatory bail.
2 provisions across 2 enactments
Salma
Tabbasum
State of Chhattisgarh
Gautam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
