Deepak Prakash Singh @ Deepak Singh vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1291

SHEKHAR KUMAR YADAV
Deepak Prakash Singh @ Deepak Singh – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Arun Kumar Tripathi
For the Opposite Party : Babu Lal Ram, Gyanendra Kumar

JUDGMENT :

1. Heard Mr V. P. Srivastava, learned Senior Counsel assisted by Mr Arun Kumar Tripathi, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. Learned counsel for the informant is also present.

2. This Criminal Misc. Anticipatory Bail Application has been filed seeking anticipatory bail in Case Crime No. 0139 of 2023, under Sections 354,376 IPC and Section 7/8 of POCSO Act and Section 3(2)(Va) of SC/ST Act, P.S. Jafarabad, District Jaunpur, during the pendency of present application.

3. A preliminary objection has been raised by learned A.G.A. as well as learned counsel for the informant with regard to the maintainability of the instant application under Section 438 Cr.P.C. by virtue of bar contained under Section 18 and 18A of the S.C./S.T. Act and Section 438(6) Cr.P.C. as it is applicable in the State of U.P. contending anticipatory bail application moved by applicant is not maintainable by virtue of bar contained under Section 438 (6) Cr.P.C.

4. In reply to the above contention, it is submitted by learned senior counsel for the applicant that comparative analysis of the objects, scheme and scope of Protect

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