SANJAY KUMAR BIND @ SANJAY Vs. STATE OF U.P.
LAWS(ALL)-2019-12-229
HIGH COURT OF ALLAHABAD
Decided on December 09,2019

Sanjay Kumar Bind @ Sanjay Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

BALA KRISHNA NARAYANA,J. - (1.) Heard Sri Kalp Nath, learned counsel for the applicants and Smt. Manju Thakur, learned A.G.A.-I for the State.
(2.) It is contended by the learned counsel for the applicants that even if the entire allegations made in the F.I.R. which was lodged by the complainant Kapurchand Pasi are taken on their face value and accepted to be true, no offence u/s 3 (1) (?) and 3 (1) (?) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as the 'Act', is made out against applicants. The allegations regarding offences u/s 323 and 504 I.P.C. are also not made out. It is next contended that the applicants who are absolutely innocent and have no criminal antecedents to their credit and have been apparently falsely implicated in the present case due to previous enmity, are entitled to be enlarged on anticipatory bail. Moreover, the matter needs deeper and fairer investigation before any arrest is given effect to.
(3.) Per contra, Smt. Manju Thakur, learned A.G.A.-I appearing for the State submitted that in view of the bar contained u/s 18 of the Act, the applicants are not entitled to be granted anticipatory bail.;


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