RAJESH SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AFFAIRS LKO. AND 2 OTHERS
ABAIL/82/2025 · 2025-01-21
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117979 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117979 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3597 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 82 of 2025 Applicant :- Rajesh Srivastava Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Affairs Lko. And 2 Others Counsel for Applicant :- Umesh Pratap Singh,Arpit Singh,Nasrul Hasan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notice to respondent no.3 is dispensed with in view of the proposed order. Learned A.G.A. for the respondent State has raised preliminary objection that against the order of the Special Court, appeal ought to have been filed under Section 14 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. He further submits that from perusal of the FIR prima facie case attracting Section 3(2)(5) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is made out. On objection being raised by learned A.G.A., learned counsel for the applicant submits that he may be permitted to withdraw the present application and seeks liberty to apply for regular bail before the appropriate court. In view of the above, the application is disposed of with liberty to the applicant to file regular bail application, which, if filed by the applicant, shall be decided expeditiously in view of law laid down by Hon'ble Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021". Order Date :- 21.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench