Neutral Citation No. - 2025:AHC-LKO:14768 Court No. - 13 Case :- CRIMINAL APPEAL No. - 759 of 2025 Appellant :- Pawan Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Another Counsel for Appellant :- Siddhartha Kumar,Radhika Varma,Shreet Raj Jaiswal Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. A short counter affidavit filed on behalf of the private respondent today is taken on record. 2. Heard learned counsel for the appellant, learned counsel for the private respondent, learned AGA for the State- respondents and perused the record. 3. This appeal has been filed with the following main reliefs: "1. An appeal of the Appellant may be allowed; 2. An order to grant anticipatory bail to the Appellant during the pendency of the trial subject to such conditions as the Hon'ble Court may deem fit and proper." 4. In pursuance of the earlier order passed by this Court dated 7.3.2025, Mr. Shakeel, Assistant Commissioner of Police, P.S. Para, District Lucknow/Investigating Officer of case in question is present before the Court along with case diary and stated that charge sheet has already been filed against the appellant. He further informs that the appellant was not taken into custody during the course of investigation, as alleged, offences are punishable less than seven years. 5. Learned counsel for the appellant submits that prior to the filing of FIR of case in question, one complaint was filed by the appellant before Special Chief Judicial Magistrate (Customs) under Section 175 (3) of BNSS mentioning that in the year of 2019-2020, rupees four lacs were given by the appellant to the complaint of the present case but the same was not being refunded and when he asked the complainant for the same then a threat was given to him for implicating him in a false case. All these facts were not considered by the investigating officer during the course of investigation and merely on the basis of statements of complainant and her associates, charge sheet was submitted. He further submits that the court below also committed error in appreciating all these facts and rejected the anticipatory bail application of the appellant. 6. Learned counsel for the appellant has relied upon a judgement of the Apex Court rendered in the case of Shajan Skaria Vs. State of Kerala and another reported in [2024 SCC OnLine SC 2249] and submitted that if prima facie case is not made out then the bar of section 18 of SC/ST Act would not apply and also requested for kind indulgence of this Court. 7. Learned counsel for the private respondent as well as learned AGA have vehemently opposed the prayer of appellant and submitted that during the course of investigation, statement under Section 180 of BNSS was recorded by the investigating officer and prima facie offence under Section 18 of SC/ST Act is made out and thereafter charge sheet was submitted, therefore, as per the provision of Section 18 of SC/ST Act, no application of anticipatory bail is admissible/maintainable, therefore, present appeal is liable to be dismissed. 8. At this stage, learned counsel for the appellant confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the appellant in the light of the law laid down by the Apex Court in the case of Satender Kumar antil Vs. Central Bureau of Investigation reported in [2021 (10) SCC 773]. 9. Learned AGA as well as learned counsel for the private respondent have no objection, if such a direction be given to the court concerned to decide the bail application of the appellant in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra). 10. Accordingly, it is directed that if the appellant appears before the trial court within 15 days from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex court in the case of Satender Kumar Antil (supra). 11. With these directions/observations, the present appeal is finally disposed of. Order Date :- 11.3.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench