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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7696 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.120 of 2025, under Sections 191 (2), 319 (2), 318 (2), 338, 336 (3), 340 (2), 352, 351 (3), 61 (2A) of B.N.S. and Sections 3(1) da, dha of the SC and ST (Prevention of Atrocities) Act against the order dated 19.07.2025 passed by the learned Additional Session Judge/Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, P.S. Aunchha, District Mainpuri, whereby, the anticipatory bail application preferred by the appellant was rejected. 2. Learned counsel for the appellant submits that the appellant has have falsely been implicated in this case and he is not named in the FIR. Her name came into light during course of investigation. 3. Learned counsel for the complainant 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 application is not maintainable in case offence under Section SC/ST act is involved. 4. 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 Versus Counsel for Appellant(s) : Narendra Kumar Counsel for Respondent(s) : G.A. Ram Mahesh .....Appellant(s) State of U.P. and Another .....Respondent(s)
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. 5. Accordingly, the instant appeal is dismissed. 6. Office is directed to return the certified copy of the relevant papers to the learned counsel for the appellant.
September 15, 2025 A.
CRLA No. 7696 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad