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2021 Supreme(Chh) 119

MANINDRA MOHAN SHRIVASTAVA
Pavas Sharma, S/o Shri Tarun Kumar Sharma – Appellant
Versus
State of Chhattisgarh Through, The Station House Officer, Police Station, Gole Bazar – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Shri Sharad Mishra, Advocate
For the Respondent: Shri Pawan Kesharwani, GA
For the Complainant :Shri Prasoon Agrawal, Advocate

ORDER :

Heard.

1. The applicant is apprehending his arrest in connection with Crime No.74/2020 registered at Police Station Gole Bazar, Raipur, District Raipur for the offence punishable under Section 294, 324, 506 of the IPC and Section 3(2) (v) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In short “the Act of 1989”). The applicant had applied for grant of anticipatory bail before the Court below but the Court below rejected bail application of the applicant taking into consideration the bar created under Section 18 of the Act of 1989 and opining that as the allegations against the applicant is of commission of offences not only under IPC but also under Section 3(2)(v)(a) of the Act of 1989, the application is not maintainable. Aggrieved by this rejection order, the applicant has filed this appeal.

2. Learned counsel for the applicant would argue that the learned Court below adopted erroneous approach without taking into consideration the well settled legal position as laid down by the Supreme Court that though ordinarily, there is a bar against entertaining application for grant of anticipatory bail where the accused is alleged to have committed of

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