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2025 DAILYLAW 90816 (ALL)

ANSAR v. STATE OF U.P. AND ANOTHER

CRLA/7773/2025 · 2025-08-31

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7773 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 Complaint Case No. 82 of 2021, under Sections 302, 120-B IPC and Section 3(2)(5) of SC/ST Act, P.S. Gulawati, District Bulandshahr, whereby, the anticipatory bail application preferred by the appellant was rejected. 2. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. 3. 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 application is not maintainable in case offence under Section SC/ST act is involved. In the instant case, it is further alleged that the appellant along with other co accused persons are prima facie involved in the present case. 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 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. September 1, 2025 RavindraKSingh Versus Counsel for Appellant(s) : Akhilesh Srivastava, Saksham Srivastava Counsel for Respondent(s) : G.A. (Shekhar Kumar Yadav,J.) Ansar .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad