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2025 DAILYLAW 176145 (ALL)

SHAILENDRA KUMAR @ VICKY MAURYA v. STATE OF U.P. THRU. SECY. HOME LKO AND 2 OTHERS

NABAIL/1653/2025 · 2025-11-06

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1653 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A for the State. Notice has been served upon opposite party nos. 2 and 3, but none is present on their behalf. 2. The present bail application under Section 482 B.N.S.S has been filed seeking anticipatory bail in FIR/Case Crime No.- 318 of 2025, Sections- 109(1), 115(2), 352, 351(3), 351 B.N.S and Section 3(2)(V) of S.C./S.T. Act, Police Station- Unchahar, District- Raebareli. 3. 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 B.N.S are made out. 4. Perused the record. 5. A plain reading of the statement of complainant., 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, with liberty to the applicant to avail the alternative remedy as may be permissible under the law. November 6, 2025 DiVYa Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. (Karunesh Singh Pawar,J.) Shailendra Kumar @ Vicky Maurya .....Applicant(s) State Of U.P. Thru. Secy. Home Lko And 2 Others .....Opposite Party(s) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench