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PANKAJ BHATIA
Chandra Raj @ Chandra – Appellant
Versus
State Of U. P Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Pankaj Bhatia, J.
1. Heard Sri Prashant Shukla and Sri Prateek Tiwari, learned counsel appearing on behalf of the applicant Chandra Raj @ Chandra and Sri Vivek Gupta holding brief of Sri Arshad Siddiqui, learned Counsel for the complainant. Sri Anuj Dayal, learned Counsel appearing on behalf of the accused applicants Isha and Shanti as well as Sri Abhinav Srivastava, learned Counsel for the complainant. Sri Nikhil Singh, learned AGA-I for the State in both the cases.
2. As common issues and objections have been raised in the abovesaid bail applications, I intend to decide both the applications by means of this common order.
3. For the sake of brevity, the facts in brief as emerge from Bail Application No.8192 of 2024 are that an FIR No. 300 of 2024, under Sections 328, 376-D, 506 IPC read with Section 3(2)(v) of SC/ST Act at Police Station Bachhrawan, District Raebareli was lodged against all the accused named in the FIR including the applicant. Subsequently, a charge-sheet was filed, in which, the applicant was charged for an offence under Sections 328, 376D, 506 IPC only and was not charged under Section 3(2)(v) of SC/ST Act. The applicant, Chandra Raj preferred a bail app
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
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The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
The Special Court designated under the POCSO Act is the sole authority to grant anticipatory bail under S.438 of Cr.P.C., excluding the Sessions Court.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
Bail applications under UAPA must be appealed to a Division Bench under Section 21 of the NIA Act, not maintained before the High Court.
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