ABA/333/2025
2025 Latest Caselaw 3526 UK

Uttarakhand High Court

ABA/333/2025 on 3 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                   Office Notes,
                reports, orders or
                 proceedings or
Sl. No   Date                                  COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     ABA No.333 of 2025
                                     Hon'ble Rakesh Thapliyal, J.

1. Mr. Yogesh Pant and Ms. Harshi Gupta, learned counsel for the applicants.

2. Mr. G.S. Sandhu, learned AAG assisted by Mr. Pratiroop Pandey, learned AGA and Mr. Pradeep Lohani, learned Brief Holder for the State.

3. Mr. G.S. Sandhu, learned AAG fairly submits that in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, there's no absolute bar for granting anticipatory bail if a prima facie case is not established, or if the complaint appears prima facie mala fide upon judicial scrutiny.

4. To this extent, learned counsel for the applicant as well as the learned State Counsel rely upon the judgment of the Hon'ble Apex Court in the case of Dr. Subhash Kashinath Mahajan versus State of Maharashtra and another, 2018 SCC OnLine SC 243.

5. Let the concerned SHO shall intimate about instant anticipatory bail application to the complainant.

6. Mr. Pratiroop Pandey, learned AGA shall apprise to the concerned SHO so that the concerned SHO may give the proper information to the complainant.

7. Put up this matter on 15.04.2025, as fresh.

8. Apart from this learned State counsel may also get complete instruction in the matter.

(Rakesh Thapliyal, J.) 03.04.2025

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