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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7772 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. The instant appeal has been filed under Section 14A (2) of SC/ ST (Prevention of Atrocities) Act on behalf of the appellant, apprehending his arrest in connection with Case Crime No. 100 of 2025, under Sections 105, 191(2), 115(2), 352, 351(2), 3(5) of BNS and Section 3(2)(V) of SC/ST Act, P.S. Derapur, District Kanpur Dehat. 2. As per prosecution case, on 22.5.2025 ar around 4 p,m, appellant along with other co accused persons are said to have assaulted father of the informant, who was draining rainwater from the roof at that time, some water splashed on the wife of one of the co accused, following which that woman started abusing father of the informant by caste denoting words and also threatened to kill him. It is alleged that all the accused persons intercepted the father of the informant and caused serious injuries. It is alleged that the injured informed the family members who reached on the spot and seeing them all the accused persons fled from the spot. The injured was immediately taken to the Community Health Centre from where he was referred to Hallettt Hospital, Kanpur where he was declared dead by the doctor on 24.5.2025. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. 4. Learned AGA submits that the instant appeal has been preferred aggrieved of the rejection of anticipatory bail application. He further submits that by virtue of Section 18 of SC/ST Act, anticipatory bail Versus Counsel for Appellant(s) : Akhilesh Pandey Counsel for Respondent(s) : G.A. Rohit .....Appellant(s) State of U.P. and Another .....Respondent(s)
application is not maintainable in case offence under Section SC/ST act is involved. In the instant case, it is further alleged that as per the allegations, the appellant is prima facie involved in the present case. 5. In the case of Prathvi Raj Chauhan Vs Union of India, reported in 2 SCC Online SC 159, the Hon'ble Apex Court has clearly evinced that only in those cases where the prima facie case is not made out, the rigour of Section 18 & 18-A of the SC/ST Act can be eschewed. In view of that, the matter has been pondered.
As per the FIR and the material collected during investigation, at this stage, this Court is of the considered opinion that there is no reasonable ground to reach at the conclusion that no prima facie case against the appellant is made out. The impugned order passed by the court below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant any interference by this Court. 6. Accordingly, the instant appeal is dismissed. September 1, 2025 RavindraKSingh CRLA No. 7772 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad