Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13499 of 2021 Applicant :- Lalvarti And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari,Satish Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicants Lalvarti, Ramnath and nandlal in Case Crime No. 019 of 2021, under sections 323, 504 I.P.C. and Sections 3(1)(d) and 3(2)(Va), P.S.- Rampur Barkonia, District - Sonbhadra.
Learned A.G.A. submits that the present anticipatory bail application has also been filed under the SC/ST Act. and as per provisions of SC/ST Act, the anticipatory bail under the SC/ST Act is not maintainable.
At the very out set, learned counsel for the applicants submits that he does not want to press this anticipatory bail application and prays to withdraw and for giving direction to the learned court below that if the applicants surrender before the court below and apply for regular bail their application for bail may be disposed of on the same day.
In view of above, the anticipatory bail application is rejected as not maintainable.
However, it is directed that if the applicants surrender and apply for regular bail before the learned court below, the same shall be heard and disposed of expeditiously, preferably on the same day, in accordance with law.
Order Date :- 12.8.2021 sailesh