DIPAK PRAKASH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr V. P. Srivastava, learned Senior Counsel assisted by Mr Arun Kumar Tripathi, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. Learned counsel for the informant is also present.

(2.) This Criminal Misc. Anticipatory Bail Application has been filed seeking anticipatory bail in Case Crime No. 0139 of 2023, under Ss. 354,376 IPC and Sec. 7/8 of POCSO Act and Sec. 3(2)(Va) of SC/ST Act, P.S. Jafarabad, District Jaunpur, during the pendency of present application.

(3.) A preliminary objection has been raised by learned A.G.A. as well as learned counsel for the informant with regard to the maintainability of the instant application under Sec. 438 Cr.P.C. by virtue of bar contained under Sec. 18 and 18A of the S.C./S.T. Act and Sec. 438(6) Cr.P.C. as it is applicable in the State of U.P. contending anticipatory bail application moved by applicant is not maintainable by virtue of bar contained under Sec. 438 (6) Cr.P.C.