ASHISH BANSAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) State counsel appearing for the respondent has raised a question regarding maintainability of the bail application filed under Section 439 of Cr.P.C.

(2.) The offences have been registered against the applicants in all three cases under Protection of Children from Sexual Offences Act, 2012 (in short 'the Act, 2012') and also under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act, 1989').

(3.) As regards the Act, 2012, the provision under Criminal Procedure Code are applicable, therefore, application under Section 439 of the Cr.P.C. can be filed before High Court, however, different procedure has been provided under Section 14-A of the Act, 1989, which is as follows :-