Mohd. Faiz Alam Khan, J. - (1.) Heard learned counsel for accused-applicant as well as Sri Shiv Nath Tilhari, learned A.G.A. for the State.
(2.) The instant bail application has been filed by the accused-applicant/Uttam Shukla praying to release him on bail in Case Crime No.01/2017 under Section 379, 419, 420, 467, 468, 471, 121, 121A, 120B I.P.C. & Section 3/6 Indian Wireless Telegraphy Act, Section 4/20/25 Indian Telegraphy Act, Section 65/66/66B/66C/66D/66F IT Act, Police Station A.T.S., District Lucknow.
(3.) During the course of argument, a preliminary objection has been taken by Shri Shiv Nath Tilhari, learned A.G.A. that as the offence is pertaining to Section 121 and 121-A of IPC, which are Scheduled offences provided under the NIA Act, the bail application moved by the accused-applicant under Section 439 of the Cr.P.C. is not maintainable. He submits that when the offences against the applicant are schedule offences as provided in the NIA Act an appeal under Section 21 of the NIA Act will lie. Therefore, according to him, the bail application moved by accused-applicant under Section 439 of the Cr.P.C. is not maintainable. For the purpose of brevity the NIA Act is being written as Act in the foregoing paragraphs of this Order.;