ANOOP CHITKARA
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
FIR No. | Dated | Police Station | Sections |
255 | 19.03.2022 | Camp. Palwal, Distt. Palwal | 148, 149, 323, 506 IPC and 25 of Arms Act & 3 of SC/ST Act. |
Criminal Case no. before trial Court | BA-594-2022 HRPL01003069-2022 Date of decision:26.04.2022 |
1. Aggrieved by the dismissal of his bail under section 438 CrPC, the accused has come up before this court by filing an appeal under section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SCSTPOA), seeking bail.
2. The appellant had filed a bail application before the Additional Sessions Judge, Palwal, which was dismissed on 26.04.2022.
3. In Prathvi Raj v. Union of India, AIR 2020 SC 1036, a three-judge bench of Supreme Court read down S. 18 by declaring as follows,
[10]. Concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply.
4. In paragraph 15 of the appeal, the accused declares that he has no criminal antecedents.
5. On 18.03.2022, the complainant's grandson was going to the house of
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