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2025 DAILYLAW 167011 (ALL)

RAJPAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1366/2025 · 2025-09-24

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1366 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned AGA appearing for the State. 2. Learned AGA has raised a preliminary objection regarding the maintainability of the bail application, submitting that the alleged offences are also punishable under Section 3(2)(v) of the SC/ST Act. 3. Learned counsel for the applicant while relying upon the judgment of Prathvi Raj Chauhan v. Union of India, (2020) 4 SCC 727 has submitted that the anticipatory bail application is maintainable. 4. A perusal of the complaint prima facie indicates the commission of an offence under the SC/ST Act; therefore, the judgment in Prathvi Raj Chauhan (supra) is not applicable to the present case. 5. In view of the specific bar under Section 18 of the SC/ST Act, anticipatory bail cannot be granted, and having regard to the gravity of the offence, the application is dismissed. September 24, 2025 R.C. Versus Counsel for Applicant(s) : Rajat Pratap Singh Counsel for Opposite Party(s) : G.A. (Karunesh Singh Pawar,J.) Rajpal Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench