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2017 Supreme(All) 2604

HARSH KUMAR
Satyendra – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Sujan Singh, Kamlesh Kumar Dwivedi.
For the Respondents: G.A., Brijesh Kumar Pandey.

JUDGMENT :

1. All the above bail applications and criminal appeal (defective) relate to the offences under various sections of I.P.C. read with offences under various sections of Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act 1989 (hereinafter referred as “S.C./S.T. Act”) having been moved/filed upon rejection of bail applications by the Special Courts under (S.C./S.T. Act). Undisputedly, by Amendment Act No.1 of 2016, provisions of Sections 14-A and 15-A etc. were added/inserted in the S.C./S.T Act which came into force w.e.f. 26.01.2016, which provide that against every order passed by the Special Judge under S.C./S.T. Act granting or refusing bail, an appeal shall lie before this Court.

2. Before coming to the main question under consideration. The brief facts of the four cases mentioned above are necessary to be mentioned as follows.

(i) Criminal Misc. Bail Application No.38755 of 2017 relates to an incident dated 22.1.2016 regarding which F.I.R. was lodged on 24.1.2016 for the offences under sections 376(d) 504, 506 IPC and 3 (2) (v) S.C./S.T. Act, wherein bail application of applicants was rejected vide order dated 14.7.2017 and the accused persons/applicants, fe































































































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