Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4989 of 2021 Applicant :- Shahrukh Khan And 5 Other Opposite Party :- State of U.P.
Counsel for Applicant :- Saqib Meezan,Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicants and learned A.G.A. are present.
Learned A.G.A. has pointed out that anticipatory bail has been sought in a case which also includes the offence under the SC/ST Act, which is not maintainable as per provisions of SC/ST Act.
Learned counsel for the applicants has opposed and has submitted that anticipatory bail is maintainable if it shows that the offence is not made out.
Charge sheet has already been filed as submitted by both the sides, as such this issue can be raised only before the court at the stage of charge and the same is not required to examine at the stage of anticipatory bail.
In view of above, the anticipatory bail application is rejected.
Order Date :- 29.7.2021 sailesh