HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9793 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. None appeared on behalf of informant in revised call, however, learned counsel for the applicant and learned A.G.A. for the State are present. 2. At the outset, a preliminary objection has been raised by the learned A.G.A. with regard to maintainability of the present anticipatory bail application, stating that anticipatory bail application of the applicant has been rejected vide order dated 05.08.2026 under SC/ST Act and in view of judgment of this Court in the case of Kailash vs. State of U.P., 2022 (121) ACC 908, the appeal under Section 14-A(2) of the SC/ST Act would be maintainable. It is further contended that the order granting or rejecting the anticipatory bail under the provisions of SC/ST Act, shall be amenable to the appellate jurisdiction of the High Court under Section 14- A(2) of the SC/ST Act and not under Section 438 of Cr.P.C./482 of B.N.S.S. 3. On being confronted the learned counsel for the applicant submits that the present application be dismissed as not pressed with liberty to file a criminal appeal under Section 14-A(2) of SC/ST Act. 4. In the interest of justice and proper adjudication, the applicant is set at liberty to file an appeal under Section 14-A (2) of the SC/ST Act. He may file an appeal under the SC/ST Act; if advised so. 5. Accordingly, the present anticipatory bail application is dismissed as Versus Counsel for Applicant(s) : Anil Kumar Srivastava Counsel for Opposite Party(s) : G.A. Saroj Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) not pressed with the aforesaid liberty. 6. Office is directed to return certified copy of orders and other relevant papers, to the learned counsel for the applicant after retaining photostat copies of the same. September 21, 2026 Nitendra NABAIL No. 9793 of 2026 2 (Vivek Kumar Singh,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad