RAJENDRA MALHOTRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
ABAIL/726/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148730 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148730 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37101 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 726 of 2025 Applicant :- Rajendra Malhotra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Amrendra Nath Tripathi,Vijay Nandan Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as Shri Alok Tewari, learned AGA for the State. The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in FIR/ Case Crime No. 34/2024, under Sections 354/354A/504/506 I.P.C., section 67 of I.T. Act and Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) of S.C./S.T. Act, P.S. Manak Nagar, District Lucknow. Shri Alok Tewari, learned A.G.A. has raised a preliminary objection regarding the maintainability of the anticipatory bail application, submitting that the alleged offence falls within the ambit of a Special Statute i.e. the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. From plain reading of the FIR, prima facie, commission of offence under Section SC/ST Act and under the other sections of IPC are made out. It is further submitted that the judgment relied upon by learned counsel for the applicant, i.e., Prathvi Raj Chauhan vs. Union of India and others, (2020) 4 SCC 727, is not applicable to the
facts and circumstances of the present case. Perused the record so also paragraph 11 of the judgment of Prathvi Raj Chauhan (supra).
A plain reading of the F.I.R., prima facie, discloses a commission of offence under SC/ST Act. In view of the statutory bar contained under Section 18 of the SC/ST Act, the present anticipatory bail application is not maintainable and is accordingly dismissed.
Order Date :- 2.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench