Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12158 of 2021 Applicant :- Smt. Neha Shukla And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivesh Mishra,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over application moved by the applicants, Smt. Neha Shukla, Deepak Shukla and Ranveer, under Section 438 Cr.P.C. in Case Crime No. 108 of 2021, under Sections 420, 406, 323, 504 I.P.C. read with 3(1)(Da) and 3 (1) (Dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015), Police Station-Kotwali, District- Bareilly.
Learned counsel for the applicants argued that the the applicants are innocent; they have been in business relation with the opposite party no. 2 and the said amount is agreed to be taken by the applicant Smt. Neha Shukla and her husband Deepak Shukla; applicant Ranveer is of no concern with above offence; owing to COVID-19 pandemic said amount could not be paid and for this civil liability this criminal case as Case Crime No. 108 of 2021, under Sections 420, 406, 323, 504 I.P.C. read with 3(1)(Da) and 3 (1) (Dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1985 (Amended 2015), has been registered at Police Station-Kotwali, District-Bareilly and there is every apprehension of applicants for being arrested by the Police in this Case Crime number; hence this application with above prayer.
Learned A.G.A. vehemently opposed the aforesaid prayer with this contention that Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, specifically provides that Nothing under 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.
Learned counsel for the applicant placed reliance upon a judgment passed by the Hon'ble Apex Court in the case of Prathvi Raj Chauhan vs. Union of India & Ors. reported in 2020 0 Supreme (SC) 139, where in, the Apex Court has provided that in absence of prima facie materials warranting arrest in a complaint the Court has inherent power to direct a pre arrest bail.
From bare perusal of of First Information Report, it is apparent that the First Information Report was got lodged only for assault and abuse coupled with extension of threat of dire consequences by the applicants, with the complainant who happens to be members of scheduled caste community and those words have been written in First Information Report; the previous contention of civil liability is there, for which some cheques were issued and were dishonoured, but this accusation is specifically for the offences punishable under Sections 3(1) (Da) and 3 (1) (Dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Apex Court in above cited law Prathvi Raj Chauhan (supra) has observed that the jurisdiction of issuing pre arrest bail is to be sparingly used and it cannot be used to convert the provisions of Section 18 or 438 Cr.P.C., hence from the perusal of it, it is apparent that offence punishable under Sections 3(1) (Da) and 3 (1) (Dha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out from the contention which is with rider for granting anticipatory bail under Section 18 of the Act, hence there is no sufficient ground for granting anticipatory bail to the applicants.
Accordingly, the present anticipatory bail application is rejected.
Order Date :- 23.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.23 16:50:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad