HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1426 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard Shri Vijay Bahadur Yadav, learned counsel for the applicant, and Shri Shiv Nath Tilhari, learned A.G.A.-I for the State. The present application has been filed seeking anticipatory bail in Case Crime No. 138 of 2025, under Sections 3(5), 109, 115(2), 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 7 of the Criminal Law (Amendment) Act, 2013, and Sections 3(2)(v), 3(1)(Da), and 3(1)(Dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Karaundikala, District Sultanpur. Learned A.G.A. has raised a preliminary objection regarding the maintainability of the present application. He submits that since the offences alleged include those punishable under the SC/ST Act, the bar contained under Section 18 of the said Act shall apply. Therefore, the application for anticipatory bail is not maintainable, in view of the statutory embargo created by the provisions of the Act. Perused the record. A perusal of the case diary and the material available on record shows that the alleged incident took place at a shop, where the accused persons are alleged to have uttered caste-related abuses against the complainant. Versus Counsel for Applicant(s) : Vijay Bahadur Yadav, Ankit Kumar Yadav, Manoj Kumar, Santosh Kumar Yadav Counsel for Opposite Party(s) : G.A. Surajbhan Yadav @ Yadav Surajnhan Indramani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) The record further indicates that the occurrence allegedly continued outside the shop premises as well, where the accused persons are stated to have assaulted the injured persons. The submission advanced by learned A.G.A. appears to carry substantial force, inasmuch as the incident prima facie occurred within public view, satisfying the essential ingredients of the offences under the SC/ST Act. In view of the above factual matrix; considering the law laid down by the Hon’ble Supreme Court in Kiran vs. Rajkumar Jivraj Jain & Another, 2025 LiveLaw (SC) 869; and considering the bar under Section 18 of the SC/ST Act, the application for anticipatory bail cannot be entertained and is accordingly rejected as being not maintainable. October 7, 2025 Madhu D.R/P.S NABAIL No. 1426 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench