Court No. - 70
Case :- CRIMINAL APPEAL No. - 3078 of 2021 Appellant :- Indrapal And Others Respondent :- State of U.P. and Another Counsel for Appellant :- Balbir Yadav Counsel for Respondent :- G.A.,Alok Kumar Singh
Hon'ble Mohd. Aslam,J.
Learned counsel for the appellants, learned Government Advocate on behalf of the State as well as Shri Avneesh Kumar Shukla, learned counsel holding brief of Shri Alok Kumar Singh, learned counsel for the informant are present.
This appeal is preferred under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act- 1989 (as amended in the year 2015) (in short 'the Act-1989') against the order dated 13.07.2021 passed by the Special Judge (S.C./S.T. Act)/Additional Sessions Judge, Ghaziabad in Case Crime No.634 of 2021 under Sections 147, 504, 323, 307 and 506 IPC and Section 3(2)(5) of the Act-1989 by which the anticipatory bail of the accused appellant was rejected.
Learned counsel for the appellants submitted that the appeal against rejection of anticipatory bail order is maintainable under Section 14-A(2) of the Act-1989 whereas learned Government Advocate has submitted that according to Section 18 of the Act- 1989, the provision of Section 438 Cr.P.C. i.e. anticipatory bail is not applicable to the offences punishable under the Act-1989.
From the perusal of order impugned, it transpires that application for anticipatory bail was rejected by the learned court below.
Section 18 of the Act-1989 reads as follows:-
"18. Section 438 of the Code not to apply to persons committing an offence under the Act.—Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act."
In view of the above, it is evident that anticipatory bail is not applicable for the offences punishable under the Act-1989 and therefore, the present appeal is not maintainable.
The present appeal is, accordingly, dismissed as not maintainable at the admission stage itself.
Order Date :- 26.10.2021 Jyotsana Digitally signed by MOHAMMAD ASLAM Date: 2021.10.26 16:24:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad