Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9882 of 2021 Applicant :- Nepal Singh Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
In this case, one of the offences charged is punishable under Sections 3(1) (Da) and 3(1)(Dha) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act. A perusal of Section 18 of the Act last mentioned shows that no application for anticipatory bail can be entertained in a crime where the one of the offences is punishable under the said Act. There is an office report also to the effect that the matter arises out of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act.
Looking to the aforesaid position of the law and the offences charged, this application for anticipatory bail is held not maintainable. It is, accordingly, rejected as not maintainable.
However, the applicants shall have liberty to seek such remedy as may be available under the law.
Order Date :- 27.5.2021 Deepak