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2021 Supreme(All) 575
IN THE HIGH COURT OF ALLAHABAD
ARVIND KUMAR MISHRA-I, J.
Yogesh Kumar Maurya And Another – Appellants
Versus
State of U.P. and Another – Respondents
Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 13358 of 2021
Decided on : 27-07-2021
Important Points
Subject
Bail - Anticipatory Bail
Act Referred
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : .
Headnote
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Bail Application - Respondent has raised serious objection on the maintainability of this Criminal Miscellaneous Anticipatory Bail Application
Finding of the court: Maintainability of this Criminal Miscellaneous Anticipatory Bail Application - He categorically stated that as per special law there is no provision for granting any anticipatory bail in the normal circumstances like the present one – Hence not maintainable.
Result: Criminal Anticipatory Bail Application is dismissed
Advocate Appeared:
For the Appellant : Kumar Ankit Srivastava
For the Respondent: Vinay Kumar Singh, Ajay Kumar Singh Yadav
JUDGMENT :
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record of this application.
2. The case involves grant of anticipatory bail in a matter which, inter allia, relates under Section Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Sri Vinay Kumar Singh, learned counsel for the respondent has raised serious objection on the maintainability of this Criminal Miscellaneous Anticipatory Bail Application. He categorically stated that as per the special law there is no provision for granting any anticipatory bail in the normal circumstances like the present one.
4. However, the other legal remedy is available to him at any forum.
5. In view of above, this Criminal Anticipatory Bail Application is dismissed as not maintainable.
6. However, this dismissal would not bar for seeking appropriate remedy at appropriate forum.
