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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8463 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 Special S.T. no. 155 of 2016, (Mohammad Anas Vs. State of U.P. and others), arising out of Case Crime No. 527 of 2016, under Sections 147, 323, 504, 506 IPC and Sections 3(1)(x) of the SC and ST (Prevention of Atrocities) Act , against the order dated 20.08.2025 passed by the learned Additional Session Judge, Court no. 15, Prayagraj 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 A.G.A. 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. It is further alleged that the informant was abused by caste indicative words, assaulted and threatened by the appellant and other co accused persons. 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 Versus Counsel for Appellant(s) : Kamlakar Pal, Sakshi Srivastava Counsel for Respondent(s) : G.A. Mohammad Anas .....Appellant(s) State of U.P. and Another .....Respondent(s)
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 19, 2025 A.
CRLA No. 8463 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad