Manoj Dwivedi And Another vs State Of U.P.
2021 Latest Caselaw 6811 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9529 of 2021
 

 
Applicant :- Manoj Dwivedi And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Birendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Despite video link being sent to the learned counsel for the applicants, no one has appeared to press this application. Learned AGA is present.

This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicants directly before this Court seeking anticipatory bail in Case Crime No.- 97 of 2005, under Sections- 504/506 IPC and Section 3 (1) (10) of SC/ST Act, Police Station- Atarra, District- Banda, during the pendency of the investigation.

On the last occasion this Court had directed learned counsel for the applicants to file supplementary affidavit explaining as to how the applicant has approached this Court directly which is against the mandate of Full Bench judgment of this Court in case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.).

Till date no supplementary affidavit has been filed by the learned counsel for the applicants.

Today when the matter was taken up, learned AGA has raised a preliminary objection in regard to the maintainability of the present anticipatory bail application on the ground that the informant is a member of Scheduled Caste community and in view of Section 18 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 no application under Section 438 Cr.P.C. is maintainable.

In view of the above, present anticipatory bail application is not maintainable and same is hereby dismissed.

Order Date :- 29.6.2021

Shekhar