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2025 DAILYLAW 94435 (ALL)

RAMCHARAN AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

CRLA/8275/2025 · 2025-09-14

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. - 8275 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellants, learned counsel for the informant and learned A.G.A for the State as well as perused the record. 2. The instant appeal has been filed under Section 14A (2) of SC/ ST (Prevention of Atrocities) Act on behalf of the appellants to allow this appeal and set-aside the anticipatory bail rejection order dated 20.08.2025 passed by Special Judge (SC/ST Act), Moradabad rejecting the anticipatory bail application of the Appellants and release the Appellants on bail in Complaint Case No. 2081 of 2014, under Sections 147, 148, 149, 323, 435, 427, 504, 395, 429 I.P.C. and section 3(1)10 S.C./S.T. Act, Police Station- Adampur, District- Moradabad during the pendency of trial before the court below. 3. Learned counsel for the appellants submits that the appellants have been falsely 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 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. 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 Versus Counsel for Appellant(s) : Sanjeev Kumar Counsel for Respondent(s) : G.A. Ramcharan And 8 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 15, 2025 Krishna* CRLA No. 8275 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad