SALMAN TANVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. The present appeal has been filed with a prayer to allow the appeal as well as to set aside the judgement and order dtd. 30/10/2023 passed by learned Special Judge, S.C./S.T. Act, Lucknow in Anticipatory Bail Application No.8326 of 2023, arising out of Case Crime No.433 of 2022, under Ss. 147, 148, 149, 323, 504, 506, 332, 353, 342, 364 I.P.C. and Sec. 3(1)(Da), 3(1)(Dha) and 3(2)(V) of S.C./S.T. Act, Police Station Thakurganj, District Lucknow.

(2.) The prosecution case in brief is that the complainant is an S.D.O. of Electricity Department and on the date of incident, the accused alongwith his companions had kidnapped the informant and thereafter, they abused him in caste abusive languages, beaten him and also threatened him to life. Learned counsel for the appellant submits that the entire prosecution story is false and fabricated. No case under the Ss. of 3(1)(Da)(Dha) of S.C./S.T. Act is attracted against the appellant. As per the prosecution story, the incident is alleged to have taken place at night inside the electricity office, which is neither a public place nor there was any public view and the instant appellant was not present at the time of the alleged incident. He further submits that even the offence under the provisions of I.P.C. is also not attracted against the appellant. Thus, the entire prosecution story appears to be false and lodged with malafide intention to implicate the entire family of the appellant.

(3.) He further submits that by means of the impugned order dtd. 30/10/2023, the application seeking anticipatory bail by the present appellant came to be rejected by learned trial Court on the ground that entertaining such application for anticipatory bail is specifically barred and excluded by virtue of Sec. 18 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act, 1989'). Being germane to the present controversy, Sec. 18 of SC/ST Act is quoted herein below :